23/05/2017 09:32 SAST | Updated 23/05/2017 09:32 SAST

Not Resignation Or Retrenchment: Molefe 'Was On Unpaid Leave'

In court papers, the Eskom CEO says he was on unpaid leave while he was working as an MP in Parliament after leaving Eskom.

Bloomberg via Getty Images
Brian Molefe, chief executive officer of Eskom Holdings SOC Ltd., pauses during an interview at the company's headquarters at Megawatt Park in Sandton, near Johannesburg, South Africa, on Wednesday, Nov. 11, 2015. A plan to reform state-owned power company Eskom Holdings SOC Ltd. and bring South Africa and its economy out of the dark is starting to show results, according to Molefe. Photographer: Waldo Swiegers/Bloomberg via Getty Images

Eskom CEO Brian Molefe did not resign from the power utility, but went on unpaid leave, according to information contained in new affidavits.

According to the Mail & Guardian on , Molefe and Public Enterprises Minister Lynn Brown both say so in the affidavits filed on Monday. The affidavits form part of the high court application by the DA to have Molefe removed from the position of CEO.

Molefe returned to his post earlier this month after resigning in November last year, after he was implicated in former public protector Thuli Madonsela's "state of capture" report.

Molefe was set to leave Eskom with a R30 million golden handshake.

Brown then declined Eskom's proposal to pay him out that package, according to a statement she released at the time.

Five days ago, the Eskom Pension and Provident Fund said Molefe was actually retrenched, and that he did not resign.

But now, Brown and Molefe say the CEO was on unpaid leave, even though he went to work as an MP in Parliament after leaving Eskom. Molefe now says he had to return to Eskom asked him to return "b because of a concern about stabilising leadership and to address operational issues that it was facing".

According to the Mail & Guardian, in his affidavit, Molefe says: "The correct position is that my original contract of employment did not come to an end," without explaining why his initial departure from Eskom was specifically referred to as a resignation.

Brown says she was not informed that Molefe was actually on unpaid leave.

"I was under the impression that this was a case of unilateral resignation and nothing more."

Molefe and Brown's latest explanation was heavily criticised on social media.