IN THE LABOUR COURT OF SOUTH AFRICA (HELD AT BRAAMFONTEIN) In the matter between: MATSHELA MOSES KOKO CASE NO: J 200/18 Applicant and ESKOM HOLDINGS (SOC) LIMITED Respondent NOTICE OF MOTION: URGENT APPLICATION KINDLY TAKE NOTICE that the above applicant shall at 08h30 on FRIDAY, 26 JANUARY 2018, or so soon thereafter as the matter can be heard, apply to the above court for orders in the following terms: 1. Condoning the applicant s non-compliance with the Rules relating to service and time periods in terms of the Rules and dealing with this application as one of urgency in terms of the Rules for Conduct of Proceedings in the Labour Court, more particularly, Rule 8 read with Rule 12 thereof. 2. Interdicting and restraining the respondent ( Eskom ) forthwith from terminating the applicant s contract of employment and/or services 2.1 in unlawful breach of the terms and conditions of his employment and/or 2.2 on the basis of a directive issued to it by the Government of the Republic of South Africa ( the Government ) in terms of a statement that the government put out on Sunday, 21 January 2018, to the effect that:
-2- The board is directed to immediately remove all Eskom executives who are facing allegations of serious corruption and other acts of impropriety, including Mr Matshela Koko.... 3. Declaring that the following ultimatum (or wording to such effect) issued by Mr Phakamani Hadebe ( Mr Hadebe ), the newly designated Acting Group Chief Executive ( GCE ) of Eskom to the applicant at approximately 14h00 on Thursday, 25 January 2018, is unlawful and invalid or null and void: That the applicant must either tender his resignation from his employment with Eskom on or before 10h00, Friday, 26 January 2018, failing which his employment with Eskom shall be terminated with immediate effect. ( the ultimatum ) 4. Interdicting and restraining Eskom from issuing any ultimatum to the applicant similar to the ultimatum referred to in paragraph 3 supra. 5. Directing Eskom to perform specifically in accordance with the terms and conditions of the applicant s contract of employment as well as the terms and conditions of his employment with Eskom, including Eskom s disciplinary code, policies and procedures that apply to the applicant s employment, prior to terminating the applicant s employment with Eskom. 6. Interdicting and restraining Eskom from engaging in any conduct or omission whatsoever which unlawfully interferes with, obstructs and/or prevents the applicant
-3- from complying with his obligations, duties and functions in terms of his contract of employment and terms and conditions of employment with Eskom. 7. Directing Eskom to pay the costs of this application, including the costs of two counsel. 8. Granting the applicant such further or alternative relief as the court deems meet. 9. Directing that the provisions of prayers 2 6 supra shall operate as an interim interdict pending the final determination of this matter on a date to be allocated by the registrar of this court. TAKE NOTICE FURTHER that the supporting affidavit of MATSHELA MOSES KOKO, annexed hereto, will be used in support of the application and the relief sought. TAKE NOTICE FURTHER that if the respondent wishes to oppose this application and the granting of the relief that the applicant seeks, the respondent is required to: a) appear before the court by attorney, counsel or other authorised representative, at the time that the matter will be heard as referred to at the outset hereof. b) to notify the applicant s attorneys at the address set out hereunder, as well as the registrar of the above honourable court, in writing, by no later than 20h00, Thursday, 25 January 2018 of its intention to do so;
-4- c) appoint a physical address, telephone, facsimile and e-mail contact details in the abovementioned notice where further documents in this matter can be delivered to it; d) deliver an opposing affidavit, if any, by no later than 07h00, Friday, 26 January 2018 at the said address of the applicant s attorneys of record and the registrar of the above court. KINDLY ENROLL THE MATTER ACCORDINGLY DATED AT JOHANNESBURG ON THIS 24 TH OF JANUARY 2018. TO: THE REGISTRAR OF THE ABOVE COURT BRAAMFONTEIN JOHANNESBURG AND TO: ESKOM HOLDINGS SOC LIMITED Signed: Asger Gani ASGER GANI Applicant s Attorney 805 Byron Place Cnr Sophie de Bruyn & Nana Sita Streets PRETORIA, 0002 Email: asger@telkomsa.net P O BOX 9568 PRETORIA, 0002 TEL: (012) 323-6460/1 CELLPHONE: 082 620-1088
-5- Respondent FOR ATTENTION: MR WAWA XALUVA, ESKOM S ACTING HEAD: LEGAL SERVICE BY EMAIL: MR WAWA XALUVA xaluvamc@eskom.co.za