The Constitutional Court have confirmed that former Eskom CEO Brian Molefe has run out of road in his bid to avoid paying back the “golden handshake” he received from the electricity firm back in 2017, signalling a significant victory for the DA and Solidarity in the process.
The Constitutional Court has ruled against former Eskom CEO, Brian Molefe. He must pay back part of the R30 million pension he received. The Pretoria High Court found that he has ”enriched” himself unlawfully from the Eskom Pension Fund in 2018.
— Khaya Dlanga (@khayadlanga) August 7, 2019
Both the political party and the trade union have been instrumental in holding Molefe to account, fighting his appeals in several other courts before landing at one of the highest authorities in the land. ConCourt have rejected his pleas, forcing the Gupta-linked official to pay back the money after he “unlawfully enriched himself”.
How much money does Brian Molefe have to pay Eskom?
In total, Brian Molefe is believed to have received something in the region of R30 million as an early retirement package. Inexplicably, he returned to work at Eskom after landing this enormous windfall. Molefe was put under severe pressure to quit and was eventually ousted.
However, the ex-CEO has been able to keep hold on to a few of his millions: ConCourt told him that R11 million must be returned to Eskom after they dismissed his appeal. It may not be the full whack, but Shadow Public Enterprises Minister Natasha Mazzone is jubilant with the ruling and she has even bigger plans for Molefe.
Brian Molefe “may face criminal trial”
The DA representative – who played a key part in grilling Brian Molefe and his colleagues during the Eskom Inquiry – believes this is the start of a new era for South Africa, as they rally against the hangover of state capture. Earlier this year, the SOE managed to recover R600 million from Trillian – another pawn in the Guptas’ state-sponsored looting.
Mazzone, however, wants to take things one step further and get Brian Molefe to face a criminal trial:
“The R11 million repayment is certainly not going to solve the debt crisis at Eskom, but it sets an important precedent nonetheless. This ruling is a significant moment in the fight against state capture as it shows that those who were involved or implicated in corruption are not above the law, no matter their political connections.”
“Molefe paying back part of the R30 million ‘golden handshake’ will by no means exonerate him from the serious case of underperformance, mismanagement, corruption and capture against him. He still has a case for which he must answer, and must have his day in court.” – Natasha Mazzone
The trouble with Trillian
Brian Molefe was also implicated during the Trillian judgement, as the courts found that he’d indulged in the perks offered by the consultancy firm once their business was finalised. He was apparently wooed by an all-expenses-paid trip to Dubai before agreeing to a multi-million rand deal.
We’re sure a court of law would love to have another look at that.