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Eskom prepares Maroga answering affidavit

26th January 2010

By: Terence Creamer
Creamer Media Editor

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South Africa's State-owned power utility Eskom is in the process of preparing an answering affidavit, which would be lodged with the South Gauteng High Court, in response to its former CEO Jacob Maroga, who is suing for reinstatement, or for R85,7-million in compensation.

Eskom was unable to immediately reveal nature of its counter arguments. But a spokesperson confirmed that its legal department was preparing a defence and that the document would be made public through the normal legal filing processes.

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Eskom has claimed previously that Maroga's offer to quit his position, made during the board meeting of October 28, 2009, had been "clear and unambiguous", despite his persistent assertions since then that he had never tendered a resignation.

The offer was said to have been made verbally, and had never been put in writing.

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The Eskom board, which had remained united on the point, despite the departure of Bobby Godsell as chairperson, when he felt that he was not receiving support from Eskom's shareholder (the South African government), had also always insisted that there would be no "golden handshake". It argued that Maroga would leave the organisation in the same manner as any other employee would if he or she had resigned.

But Maroga claimed to have been "summarily dismissed", despite insufficient grounds to do so and had, thus, taken legal action.

In his application, which has been labelled "a disgrace" by the Congress of South African Trade Unions, Maroga's claim, according to The Times, showed that he was due: R1-million a year for a dedicated protector and driver for him and his family; R500 000 a year for home security; R100 000 for general home support; R1-million a year for personal assistance; around R100 000 a year for vehicle operation and maintenance costs; and R5 000 a month for medical aid, to the age of 80.

Eskom refused to comment, but one observer, who refused to be named, said it looked like the items had been grossly exaggerated as part of an "aim high" legal strategy.

Cosatu has labelled Maroga's compensation claim "massively excessive", adding that it was "yet another example of the culture of self-entitlement and greed".

 

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