By BO Staff Writer
The application by former Eskom CEO Brian Molefe for leave to appeal against the Pretoria High Court’s decision that he pay back about R11m pension that the power utility had paid him, was dismissed by the Constitutional Court (ConCourt). In its judgement the ConCourt said that it lacked jurisdiction and that “in any event, (the application) bears no reasonable prospects of success”. The leave to appeal application has its roots in the application launched by Solidarity in the Pretoria High Court which made its ruling against Molefe in January 2018.
Solidarity was historically conceived from the apartheid era “whites only” unions in the mining and steel sectors. It is constituted mainly of skilled white engineers, technicians, and artisans. It has traditionally represented the interests of “white workers” who are beneficiaries of apartheid. It defended whites in relation to the whites-only job reservation legislation. It has rejected the external audit of the labour department on affirmative action (AA) which recorded that 60% of promotions and appointments were whites in the workplace. It has consistently opposed and called for a moratorium on AA.
After the ConCourt had ruled last week against implementing the Public Protector Busisiwe Mkhwebane’s remedial action in relation the Public Enterprises Minister, Pravin Gordhan, public faith in the judiciary has begun to wane.
Many say that the judiciary is captured by white monopoly capital (WMC) as it is clearly finding against those who are pro Radical Economic Transformation (RET). Both Busisiwe Mkhwebane and Brian Molefe are drivers of the RET forces – both have lost. This suggests that the Court’s decision in both cases effectively serves WMC. In the same vein, Black First Land First (BLF), the champion of RET, has in mid July been deregistered as a political party by the Independent Electoral Commission (IEC) on an application brought by the racist Freedom Front Plus (FF+).
The genesis of the FF+ is the National Party and its main objective is the establishment of a whites only Boerestad. The FF+ aggressively fights transformation. It is against Affirmative Action, Employment Equity, and Land Expropriation Without Compensation (LEWC) which are effective responses to the history of apartheid and black oppression.
BLF has since launched an application for leave to appeal the decision of the IEC.
Reflecting on the antagonistic attitude of the judiciary towards RET forces, BLF President Andile Mngxitama said:
“Solidarity the labour Arm of FF+ has done this (taken Molefe to Court) using the so called democratic laws. FF+ has BLF deregistered from the IEC.
Should black people use the courts?
We have appealed the IEC decision but can we get justice?”