The Eskom Pension and Provident Fund (EPPF) will oppose former Eskom executive Brian Molefe's decision to apply for leave to appeal last month's high court ruling in the ongoing battle over his pension payout, it said in a statement on Wednesday.
It intends to file an opposing affidavit with the Supreme Court of Appeal in a bid to recover the funds from the former Eskom CEO.
On 12 October, the North Gauteng High Court in Pretoria dismissed, with costs, Molefe's application for leave to appeal an earlier ruling that would have compelled him to pay back millions of rands.
Molefe was ordered in 2018 to return "patently unlawful" payments in a case brought by opposition party the DA and trade union Solidarity.
In July this year, a second ruling confirmed this, ordering him to pay back R9.9 million, plus interest, to the fund. The same ruling had also required the fund to pay back R30 million it had received from Eskom. The fund repaid the R30 million to Eskom, but Molefe sought leave to appeal the ruling.
The fund said on Wednesday that Molefe’s legal team gave notice last week that he will petition the Supreme Court of Appeal for the opportunity to appeal or have the Pretoria court’s decision set aside.
The fight over Molefe's pension has been ongoing for years, with EPPF chief executive Shafeeq Abrahams saying on Wednesday that the fund would do everything in its power recover the fund money.
"We are doing everything we can to recover the money. We have already served a letter of demand," Abrahams said.
Abrahams previously said the fund was "hopeful repayment will take place soon", News24 reported.