THE MEDIA WILL NOT TELL YOU THIS!
Gauteng High Court, sitting in Pretoria, upheld
@BrianMbm1's appeal and set aside the previous court's order regarding the repayment amounts to the
@Eskom_SA Pension Fund.
The court determined that the dispute over Molefe's payment to the Eskom Pension and Provident Fund required oral evidence due to unresolved factual and actuarial disagreements.
Key Decisions:
1. Referral to Oral Evidence: The matter was referred to oral evidence before a different judge to determine the correct repayment amount.
2. Document Discovery: The Fund and Molefe were ordered to discover all relevant documents related to calculating and flowing money within specified timelines.
3. Actuarial Reports: Actuaries may file supplementary reports after reviewing the discovered documents, at least 45 days before the hearing.
4. Costs: The Fund (First Respondent) was ordered to pay the costs of the appeal, including the costs of two counsel where applicable.
The court emphasised that the previous judgment oversimplified the dispute and failed to account for the disagreements between the actuaries and inconsistencies in the amounts claimed by the Fund. The evidence will now be heard to ensure a proper resolution.
A ke re la bona!