Trade union Solidarity on Wednesday told the High Court in Pretoria that the whole process of granting former Eskom CEO Brian Molefe a R30.1-million pension was done in bad faith, ensuring that he walks away with the "pot of gold".

“We submit that the entire project of Mr Molefe in this case, together with the others [like] Mr Ngubane [former Eskom board chairperson Ben Ngubane] is mala fide. It’s simply to gain a massive bonus, an amount of money, the pot of gold, this rainbow,” Advocate Anton Katz told a full bench of judges in the packed court.

Katz said if the court finds that Molefe left Eskom because of his voluntary resignation, he must pay back the money paid to him as pension.

“Were it to be found that in November 2016 that Mr Molefe’s conduct at that time was a voluntary resignation, then it follows like nightfall as day that he should pay back. Simple as that. There can be no argument about that. We don’t understand Mr Molefe to have any argument against that proposition other than the technical arguments,” said Katz.

Katz told the court that his client, Solidarity, is a trade union “has 7 000 members who work for Eskom”.

The opposition Democratic Alliance (DA) and Solidarity have approached the superior court, seeking an order declaring Molefe’s R30-million pension payout BE declared unlawful and set aside.

The parties also want Molefe to pay back the R11-million he's reportedly already received as part of that pay-out.

Molefe insists he was granted early retirement – despite publicly announcing he had resigned - a day 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 Elias Matojane, Judge Hans Fabricius and Judge Segopotje Mphahlele.

Molefe was in court, listening attentively as the case kicked off on Wednesday morning. The matter has been set down to be heard for three days, starting on Wednesday.