Former Eskom chief executive Brian Molefe File picture: Timothy Bernard/Independent Media
Johannesburg - Former Eskom CEO Brian Molefe will file for leave to appeal the High Court ruling that ordered that he pay back millions of rand paid to him as part of a pension payout.

Last week, the North Gauteng High Court ruled that Molefe had in fact resigned from his job as Eskom CEO and it was unlawful that he had applied for early retirement.

The court ordered that he pay back close to R11 million that he had already received from Eskom as part of the pension pay out.

The Judge said Eskom's decision to reinstate Molefe early last year was null and void as it did not comply with the state-owned entity's memorandum of incorporation.

The case was brought to the High Court by trade union Solidarity who also called for charges of fraud to be laid against Molefe.

Molefe had announced during a press briefing following the release of the Public Protectors State of Capture in late 2016, that he was leaving Eskom due to the cloud of controversy created by the report that implicated him in corrupt dealings.

He claimed he wanted to clear his name.

But it was later revealed that Molefe would be receiving R30 million pension pay out even though he had only worked at Eskom for 18 months.

Political Bureau