Eskom CEO Brian Molefe and chairperson Ben Ngubane say they did not know that Molefe was not entitled to early retirement when he stepped down from the power utility in December last year.
In an affidavit filed to the North Gauteng High Court on Monday, Ngubane says Molefe never resigned from Eskom, but left on account of taking early retirement.
Molefe's absence between January and May and during which time he served as a member of Parliament for the African National Congress (ANC), is now being treated as unpaid leave.
His return to Eskom follows Minister of Public Enterprises Lynne Brown's decision to decline the R30 million payment to Molefe.
According to EWN reporter, Lindsay Dentlinger, Brown also filed an affidavit saying she never knew about the early retirement agreement until media reports of the payout.
They are calling it a common fundamental mistake on all their parts.— Lindsay Dentlinger, EWN reporter
Molefe says he signed documents, and did not read... Ben Ngubane says 'we didn't quite read the rules of the pension fund'.— Lindsay Dentlinger, EWN reporter
The affidavits are responding to two separate cases by the Democratic Alliance (DA) and the Economic Freedom Fighters (EFF) to have Molefe’s return to the parastatal declared invalid.
Molefe resigned as the Eskom CEO last year a week after the release of the damning Public Protector's state capture report, which claimed that he visited the controversial Gupta family on several occasions.
In his resignation statement, Molefe said he resigns from Eskom "voluntarily in the interest of good cooperative governance".
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This article first appeared on 702 : Eskom chair: Molefe never resigned from Eskom