Constitutional Court rules: Checkmate, Brian Molefe

7 August 2019

Solidarity today announced that the Constitutional Court rejected former Eskom CEO Brian Molefe’s leave to appeal. Molefe was ordered to pay almost all of Solidarity’s costs. A warrant for it has already been issued and the sheriff is currently awaiting our instruction.

Solidarity will immediately institute action to collect the cost order and to ensure that the R10 million Molefe had plundered from the Eskom Pension Fund is paid back.

According to Solidarity COO Dr Dirk Hermann, Molefe made every effort not to pay a cost order to Solidarity and other parties. Yesterday, his attempts finally failed in the Constitutional Court. “We are delighted with the ruling. One can only hide in the courts up to a certain point, but the law always prevails. It is sad that the courts have to take over the role of a person’s conscience. Brian Molefe tried to use litigation to shirk his responsibilities but should have realised himself that he had to pay the cost order,” Hermann said.

Molefe’s application in the Constitutional Court follows after the Pretoria High Court found in January 2018 that he had enriched himself unlawfully from the Eskom Pension Fund. The High Court issued an order for costs against the former CEO and despite numerous failed attempts to evade payment he still tried to do so in the country’s highest court. “Solidarity knows its way about the courts and Brian Molefe underestimated us. We will not let injustice happen,” Hermann emphasised.

Hermann contends that this ruling by the Constitutional Court paves the way for Solidarity to proceed with further criminal proceedings against Molefe. “As Solidarity is getting no response from the National Prosecuting Authority, we have already initiated discussions with Adv. Gerrie Nel about possible private prosecution.”

Issued by Anton van der Bijl, Head: Solidarity Labour Law Services, 7 August 2019