Brian Molefe’s lawyer Barry Farber says it is not clear whether the former Eskom Chief Executive Officer will appeal Thursday’s High Court ruling that set aside his R30 million pension payout.

The court has also ordered Molefe to pay back R11 million of the R30 million that he has already received after taking early retirement in 2016.

He has been given 10 days to pay back the R11 million.

Farber says they still have to study the judgement, but has, however, indicated that Molefe still wishes to work for the state.

“He just wants to be treated fairly and he did a lot for Eskom, in his own words and he wanted to be remunerated. I would say that he wants to serve the state and if there is any position he could earn money and go back he would but again I can’t speak for him.”

Trade Union, Solidarity which brought the application to revoke Molefe’s pension pay-out, says it’s pleased with the court’s decision. The union say it’s a pity that the matter had to come before court for it to be resolved. Solidarity CEO, Dirk Hermann, says they are not done with Molefe. The union is now setting its eyes on the possibility of criminal charges against Molefe.

“Although this is a definite victory, this is not the end of the road. Fact of the matter there was clear and unlawful representation made and that boils down to fraud and fraud is a criminal activity and we will definitely continue with a criminal case as well. The director of public prosecutions already indicated the Hawks will investigate this specific case they did that under oath.”

Molefe’s lawyer, Barry Farber, has conceded that the judgement was damning and hard-hitting. He says he doesn’t know yet whether Molefe will be appealing the matter. Farber says Molefe wants to be treated fairly as he has done a lot for Eskom. He has however indicated that Molefe, who is now an SANDF reserve force member and an honourary colonel, still wishes to work for the state.

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