Embattled Eskom executive Matshela Koko will not be forced to resign just yet, after the Labour Court in Johannesburg issued an interim order restraining Eskom from firing him on Friday afternoon.

Koko lodged an urgent application in the Labour Court on Friday morning asking the court to interdict Eskom from firing him, or issuing any ultimatum to him to resign.

His application comes after interim Eskom CEO Phakamani Hadebe issued an ultimatum to Koko to either resign or be fired by 14:00 on Thursday.

He stated that Eskom’s contemplated "unlawful conduct", threatened on less than 24 hours' notice, could only be met by an urgent application to court.

Koko also asked the court to declare Hadebe’s Thursday ultimatum “unlawful and invalid or null and void.”

He returned to work last Monday in the position of group executive for generation, after being cleared of any wrongdoing in a nepotism case involving his daughter. In a letter to Eskom board member Malegapuru Makgoba, he said Eskom’s lenders have been unfairly demanding his dismissal, despite his acquittal.

On Wednesday Koko testified at the parliamentary inquiry into corruption and the capture of Eskom, before flying back to Johannesburg on Thursday. In his founding affidavit he said he immediately rushed to Megawatt Park in Sunninghill, after being summoned by Hadebe.

Hadebe, well known for turning around struggling entities, assumed the mantle of interim CEO after the Eskom management shake-up by government last Saturday.

The government appointed a new 13-member board, with the respected Jabu Mabuza as the new chairperson. It also demanded that the board remove all executives who face allegations of corruption, including then chief financial officer Anoj Singh and Koko.

Koko stated in his affidavit that Hadebe’s ultimatum was issued purportedly on behalf of Eskom’s board of directors. He had never met Hadebe before Thursday’s meeting, Koko said. 

“During the meeting he told me bluntly that, unless I resign my employment by 10h00 on Friday, 25 January  2018, Eskom will dismiss me. I was not given any opportunity to say anything or to defend myself about this intended course of conduct, as Mr Hadebe even refused to provide or discuss the terms.”

Koko said he was uncertain whether Hadebe was indeed appointed as acting group chief executive.

“I believe that a board meeting has not yet been held since Sunday at which Mr Hadebe could have been appointed. I, frankly, doubt it. I invite Eskom to place evidence before the court of  the validity of these appointments.”