In another setback for former Eskom CEO Brian Molefe, the power utility can now enforce an order to recover the millions he owes the Eskom Pension and Provident Fund (EPPF).

This emerged from Eskom's briefing to Parliament's Standing Committee on Public Accounts (Scopa) on Wednesday and brings the years-long battle between Molefe and Eskom closer to a conclusion.

In 2018, the North Gauteng High Court in Pretoria directed Molefe to return his "patently unlawful" pension payouts in a case brought by trade union Solidarity and the Democratic Alliance. 

This judgment was confirmed by a second ruling in July this year, where Molefe was ordered to pay back R9.9-million, plus interest, to the pension fund. The same ruling required the fund, in turn, to pay back the R30-million it had received from Eskom. Molefe then sought leave to appeal the ruling, and Eskom said the fund had subsequently repaid the R30-million. 

Eskom group executive for legal and compliance Mel Govender said on Wednesday that, after protracted detours in the accountability process, Eskom could finally enforce the order to recover the funds.

"We have secured an order against Brian Molefe's pension. Subsequent to the order, Molefe has applied for leave to appeal. This appeal has been dismissed, meaning that now Eskom can enforce the order," said Govender.

Govender said Molefe has to pay the EPPF the difference between the pension benefits paid to him and the lump sum pension benefits payment he had transferred from the Transnet Retirement Fund to the EPPF. Molefe must calculate the difference between these amounts and pay within 10 days after the calculation is received.

Eskom CEO André de Ruyter said the utility implemented steps to freeze the pensions of people who are being investigated to discourage the avoidance of avoid disciplinary proceedings.