The High Court in Pretoria on Wednesday reserved judgment in the application brought by South Africa’s official opposition, the Democratic Alliance (DA), and trade union Solidarity, seeking an order declaring former Eskom CEO Brian Molefe’s R30-million pension payout unlawful and for it to be set aside.

After a day of arguments from senior counsel representing parties, including Molefe, Public Enterprises Minister Lynne Brown, the Eskom Pension Fund, Solidarity, and the DA, a full bench of three high court judges adjourned the proceedings to a date to be announced.

The DA and Solidarity have approached the superior court, arguing that Molefe should pay back the money paid to him as part of the pension payout. 

They argued since Molefe had a fixed term five-year contract with Eskom, there was no way he could be eligible for the power utility’s Eskom Pension Fund.

The DA and Solidarity insist Molefe must be ordered to pay back the R11-million he has reportedly already received as part of that R30.1-million pay-out.

Molefe left Eskom under a dark cloud after being implicated in the then Public Protector Thuli Madonsela’s State of Capture report.

The high-profile case was heard on Wednesday before a full bench of high court judges – Judge Matojane, Judge Hans Fabricius and Judge Segopotje Mphahlele.

Molefe was in court, listening attentively, as the case kicked off on Wednesday morning.