The DA is preparing to file a court application for a review of Brian Molefe's return to Eskom as CEO on Monday, James Selfe, chairperson of the opposition party's Federal Executive said on Saturday.
''Yesterday afternoon [Friday] I instructed advocates to start preparing for a review,'' said Selfe.
The party held off on doing this until they had heard what Public Enterprises Minister Lynne Brown had to say about Molefe's controversial return.
''In terms of the Eskom board's proposal Mr Molefe agreed to serve out the remainder of his original contract and to reconsider his contract I objected to,'' Brown said.
''The board's proposal I believe is a better value proposition for the SA fiscus than the previous proposal.''
This was after she told the board that she would not accept a proposed R30-million pension payout for him, after less than two years in the post.
His resignation was effective from 1 January 2017, cutting short a five year contract.
At the time he said he was leaving for the sake of good governance, given allegations in the ''State Capture'' report by the Public Protector.
He went on to be sworn in as a Member of Parliament. He resigned from the position to go back to Eskom.
Brown is expected to meet the board next week to get the finer details of the board's recommendation that he return.
At present the Democratic Alliance is not seeking to interdict him from going back to work on Monday.
The review would be argued for on the grounds that Molefe's return is irrational and illegal, said Selfe, adding that the application is expected to be filed at a court early next week.
The application would be filed at a court early next week.
Molefe resigned last November after purported telephone records in a Public Protector report on ''State Capture'' placed him in the vicinity of the home of a family that received an advance payment for a contract to supply coal during a national power supply crisis.
The beneficiary company Tegeta Resources has President Jacob Zuma's son Duduzane Zuma as a shareholder along with wealthy industrialists Ajay and Atul Gupta.
The Eskom controversy forms part of allegations that the Guptas were favoured during sub contracting decisions to keep the lights on because of their proximity to the president. -- News24