Molefe's court bid is the latest development in the saga of his employment contract that has seen him leave Eskom twice in six months - once voluntarily and once under duress.
Molefe lodged a notice of motion in the Labour Court at the weekend, notifying Eskom and Public Enterprises Minister Lynne Brown that he would lodge his application in the court on Monday.
Brown's spokesman, Colin Cruywagen, confirmed that the minister had received Molefe's notice.
Eskom board spokesman Khulani Qoma also confirmed receipt of the notice.
Molefe wants his application heard urgently.
The Eskom board announced on Friday that Molefe was no longer group CE, days after Brown instructed it to rescind his appointment.
Brown has also indicated that she is considering replacing the board when the utility convenes its AGM later this month.
Having dismissed Molefe, the board is now waiting for Brown to choose an acting CE from one of the two names it submitted to her. "The minister will use the AGM later this month to look at rotating and strengthening the board," Cruywagen said on Friday.
Among the most likely candidates to act as CE are Thava Govender and Mongezi Ntsokolo - both long-serving executives responsible for transmission and distribution, respectively.
Finance director Anoj Singh is another possibility to stand in as CE, but Singh has also been dogged by scandal for his alleged involvement with the Gupta family.
Molefe was reinstated as Eskom CE in May, after Brown voiced her displeasure with the board's decision to pay him a R30m golden handshake for the 18 months he worked at the utility.
His December resignation came after he was implicated in irregular dealings with members of the Gupta family, that Eskom assisted in buying a coal mine through prepayment for coal at premium prices.
The DA had turned to the court in a bid to have Molefe's appointment set aside.
The matter is expected tobe heard this week, but it is not clear if the party will go ahead with its court application.
Source: Business Day
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