Former Eskom boss Brian Molefe is not entitled to the multi-million rand pension payout he received from Eskom.
His claims of early retirement were contrived and false‚ the High Court in Pretoria ruled on Thursday.
Union Solidarity‚ later joined by other parties including the DA‚ approached the high court in 2017 seeking an order declaring as unlawful Molefe’s pension‚ which amounted to R30.1-million.
His departure followed damning observations about him by former public protector Thuli Madonsela in her State of Capture report.
In November that year‚ he resigned.
Molefe became an ANC MP in February 2017‚ but returned to Eskom in May after Public Enterprises Minister Lynne Brown queried the R30.1-million pension payout. Less than a month into his job at Eskom‚ Brown instructed the board to rescind its decision to reappoint Molefe. Eskom formally dismissed him on June 2.
The crux of Molefe’s argument in court was that he never resigned from Eskom but took an early retirement so there was no reinstatement but rather a continuation of employment.