Molefe is applying for leave to appeal the high court judgment requiring him to return R10m to the fund, possibly delaying resolution of the matter: Lorato Aphiri – Legal Advisor, Eskom Pension and Provident Fund.

FIFI PETERS: Let’s shift on to the latest happenings coming out of the Eskom Pension and Provide Fund. They’ve said that the former Eskom boss, Brian Molefe, is still not paying back the money that is owed to the pension and provident fund. This relates to that big payout that Mr Molefe received when he left Eskom back in 2016, which the courts have found to be unlawful. That’s why he kind of has to pay it back.

But we’ve got Lorato Aphiri, the legal advisor for the Eskom Pension and Provident [Fund] for more on the story.

Lorato, thanks so much for your time. I guess that you guys would have wanted to put this issue to bed, but it’s clearly taking a lot longer than you would’ve liked. But what can you tell us about the situation right now, and where things stand between yourselves and Mr Molefe?

LORATO APHIRI: Good evening, Fifi, and good evening to your listeners. In terms of where things stand at the moment, we received the judgment on July 4, which directed Mr Molefe to make a payment of the R10 million back to the fund. And as we stand Mr Molefe has not yet repaid that money and, in fact, is appealing the decision of the high court.

FIFI PETERS: And yourselves as the fund, you have repaid what the court also instructed you to repay to Eskom, that R30 million and some change.

LORATO APHIRI: That’s correct, Fifi. Part of the court order was also that the fund was directed to repay the R30 million that was paid into the fund as part of Mr Molefe’s early retirement arrangement, and that money has been returned to Eskom.

FIFI PETERS: How confident are you as the provident fund that you’ll eventually get the monies back from Mr Molefe?

LORATO APHIRI: Well, as confident as a litigant can be. What the court also ruled in terms of that fourth of July judgment was that the fund could in fact deduct a portion of what is owed to it from the amount that the fund already holds in respect of Mr Molefe’s [inaudible] from his former retirement fund. So we have a guarantee of sorts in the sense that there are monies that we still hold, which we will then use to set off a portion of that R10 million that he owes to the fund.

FIFI PETERS: And are you talking to him right now, or his legal team, trying to see if this thing can be sorted out more quickly?

LORATO APHIRI: Well, he’s appealing the matter, which then means that the matter must go through the normal court process and will then be resolved through the courts.

FIFI PETERS: And so in the meantime how material is what he owes you to the fund? I imagine that it’s not that material, but I just wanted to check.

LORATO APHIRI: Well, if you’re asking whether the fund is fully funded, the fund is in a healthy position, it is fully funded. However, you will recall that the courts indicated that we need to unwind that position, and therefore that is the process that we are undertaking – to unwind the position.

FIFI PETERS: And can you do that completely without Mr Molefe coming to the party?

LORATO APHIRI: He has to return a portion of the amount.

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