EPPF to again oppose Brian Molefe’s appeal effort

Dear Member,

Here’s our latest update on the matter regarding Mr Brian Molefe.

The Eskom Pension and Provident Fund (EPPF) will be opposing the former Eskom Chief Executive Officer’s application now that he has been granted leave to appeal a Pretoria High Court decision. 

In October 2022, the court dismissed Mr Molefe’s application for leave to appeal an earlier decision for him to pay back the retirement benefits that he unlawfully received from the EPPF. He then petitioned the Supreme Court of Appeal for the opportunity to appeal or have the Pretoria High Court’s decision set aside.

The EPPF has now learnt through Mr Molefe’s attorneys of the Supreme Court of Appeal’s decision to grant him leave to appeal. The Fund will be opposing the matter. 

The latest court proceedings date back to July 2022 when the Pretoria High Court ruled that Mr Molefe had to pay back the benefits. The Fund took legal action against Mr Molefe to compel him to pay back the money in line with the original court judgment from 2018. Mr Molefe had unsuccessfully sought to appeal the 2018 judgment, eventually going to the Constitutional Court in 2019. The EPPF had also asked the High Court to determine and order how much needed to be repaid considering Mr Molefe’s own contributions to the Fund while he was an employee of Eskom, his accumulated retirement savings transferred to the EPPF from his previous employer, as well as the related tax implications and applicable interest.

To read our last update on this matter, click here. 

Kind regards

The Eskom Pension and Provident Fund