Former Eskom CEO Brian Molefe was in the Labour Court in Johannesburg on Thursday morning to hear his lawyers argue that his dismissal from Eskom on June 2 was unlawful.
Molefe was dismissed this month following his brief return to Eskom in May after serving as an African National Congress MP from February.
Molefe left Eskom in December 2016 following adverse findings made against him by former Public Protector Thuli Madonsela in her State of Capture report in October last year.
Molefe said at the time he was leaving the power utility to clear his name of the allegations levelled against him.
Molefe returned to Eskom in May after reports emerged that he was due to receive a pension of about R30m from Eskom.
His return was as a result of Public Enterprises Minister Lynne Brown refusing to authorise the pension payout.
Eskom and Molefe agreed to cancel the early retirement agreement and this made it possible for Molefe to return to his post. His return was not well received by political parties and there was a public outcry.
Following his return to Eskom‚ the Democratic Alliance (DA) launched an application challenging his reinstatement.
That application is due to be heard in the high court in Pretoria in August.
However‚ Brown instructed the board of Eskom to rescind the decision to reappoint Molefe at the end of May. Eskom formally dismissed Molefe on June 2‚ a decision that Molefe is challenging in the Labour Court.
Molefe’s counsel Noel Graves SC said if Molefe was not reinstated‚ he would not be able to formally defend himself against the high court case launched by the DA.
Judge Christina Prinsloo asked Graves why should the high court not deal with the DA’s challenge and Molefe’s challenge at the same time in August.
“Why cannot this entire matter be ventilated in the high court‚ the whole history and background will be ventilated there‚ whether the reinstatement was a valid one‚ and whether the subsequent dismissal was unlawful?” Prinsloo asked.
Graves said for practical purposes‚ this would force Molefe in a forum where there were a number of parties‚ including trade unions‚ and the former Public Protector.
“This is going to take an enormously long time. He did not start the proceedings there. He happened to be the respondent‚” Graves said‚ referring to the high court matter.
In the high court matter‚ the DA will argue that Molefe’s reappointment in May was irrational and that it should be set aside.
The matter continues.
Molefe's bid for reinstatement begins in the Labour Court
Molefe was dismissed this month following his brief return to Eskom in May after serving as an African National Congress MP from February.
Molefe left Eskom in December 2016 following adverse findings made against him by former Public Protector Thuli Madonsela in her State of Capture report in October last year.
Molefe said at the time he was leaving the power utility to clear his name of the allegations levelled against him.
Molefe returned to Eskom in May after reports emerged that he was due to receive a pension of about R30m from Eskom.
His return was as a result of Public Enterprises Minister Lynne Brown refusing to authorise the pension payout.
Eskom and Molefe agreed to cancel the early retirement agreement and this made it possible for Molefe to return to his post. His return was not well received by political parties and there was a public outcry.
Following his return to Eskom‚ the Democratic Alliance (DA) launched an application challenging his reinstatement.
That application is due to be heard in the high court in Pretoria in August.
However‚ Brown instructed the board of Eskom to rescind the decision to reappoint Molefe at the end of May. Eskom formally dismissed Molefe on June 2‚ a decision that Molefe is challenging in the Labour Court.
Molefe’s counsel Noel Graves SC said if Molefe was not reinstated‚ he would not be able to formally defend himself against the high court case launched by the DA.
Judge Christina Prinsloo asked Graves why should the high court not deal with the DA’s challenge and Molefe’s challenge at the same time in August.
“Why cannot this entire matter be ventilated in the high court‚ the whole history and background will be ventilated there‚ whether the reinstatement was a valid one‚ and whether the subsequent dismissal was unlawful?” Prinsloo asked.
Graves said for practical purposes‚ this would force Molefe in a forum where there were a number of parties‚ including trade unions‚ and the former Public Protector.
“This is going to take an enormously long time. He did not start the proceedings there. He happened to be the respondent‚” Graves said‚ referring to the high court matter.
In the high court matter‚ the DA will argue that Molefe’s reappointment in May was irrational and that it should be set aside.
The matter continues.
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