06/06/2017 06:34 SAST | Updated 06/06/2017 07:05 SAST

DA To Ask Court To Bar Molefe From Work

The DA will ask the high court to stop Molefe from working at Eskom until court proceedings are over.

Waldo Swiegers / Bloomberg via Getty Images

The DA will ask the high court in Pretoria to stop former Eskom CEO Brian Molefe from performing any of his duties until his Labour Court case has been completed, Business Day reported.

Molefe has asked the Labour Court to have his dismissal from Eskom declared unlawful. The Eskom board rescinded his reappointment on Friday after a recommendation by an interministerial team.

The DA had approached the high court seeking to overturn Molefe's reappointment, before his most recent dismissal.

On Monday, DA federal executive chair James Selfe told Business Day that the application would go ahead. He said the party would be seeking an order in the high court "by agreement" that Molefe would "not attend at the Eskom head office, or at any of the Eskom sites, for the purposes of performing any duties" until the Labour Court issue was resolved.

A date for the DA's review hearing would then be arranged, he reportedly said.

The DA also plans to intervene in the Labour Court proceedings, Business Day reported.

In court papers, Molefe reportedly says that the Eskom board has no power to remove him and that only the minister can do so. He reportedly claims that his dismissal was not because of his "conduct, capacity or because of operational requirements" and maintains that he did not resign from Eskom, but that he took early retirement.

Molefe has previously said that he thought he could take early retirement at age 50, only to discover that he could not do so until age 55. As he is 50 years old, his early retirement application fell away and he was reinstated.

The ANC's national executive committee resolved that Molefe should be removed from his post. At the end of 2016, Molefe was implicated in former public protector Thuli Madonsela's "State Of Capture" report.

It revealed his close relationship with the Gupta family and their company Tegeta Exploration and Resources, which is a supplier of coal to Eskom. Molefe returned to Eskom on May 15 following a dispute around his pension payout.

Selfe told Independent Online that the DA intended to oppose Molefe's Labour Court challenge.

"Mr Molefe's Labour Court case is based on the belief that his reappointment to Eskom on May 11 2017 was a rational decision for the Eskom board to make, but the DA contends that it was certainly not," Selfe reportedly said.