Solidarity exposes Molefe’s lies; announcement of a probe into pension payment  

23 November 2017

At a press conference held in Centurion Pretoria today, trade union Solidarity announced that the National Prosecuting Authority (NPA) indicated in its opposing papers that the Office for Serious Economic Offences of the Directorate for Priority Crime Investigation would investigate the parties involved in the unlawful pension award made to former Eskom CEO Brian Molefe.

This comes after Solidarity had asked the court in its initial papers to order the NPA to conduct a criminal investigation into the matter.

Solidarity today said it believed there are sufficient grounds for criminal prosecution of Molefe based on the misrepresentations made by Molefe and Eskom’s Board regarding Molefe’s controversial pension grant of around R30 million and the payment of more than R10 million made to Molefe. The trade union also announced that it would embark on separate legal proceedings to force Molefe to repay this sum.

“The NPA’s decision to launch a probe serves as confirmation of Solidarity’s view that there is a strong case to be made. We want to call on the NPA to expedite the probe, and should it be found that prosecution be instituted, such prosecution be done sooner than later,” Solidarity Chief Executive Dirk Hermann said.

According to Hermann, this payment was not a slight mistake as Molefe professed it to be this week. It is plain old corruption and state looting. “Unlawful actions must bear consequences. An apology, and even repayment, will simply not suffice. Solidarity is of the opinion that there is a prima facie criminal case against those persons who took the dubious decisions to grant the pension payment to Molefe.

“In addition, we believe that there were several unlawful misrepresentations that justify prosecution, including, among other things, the misrepresentation by Molefe and the Eskom Board that he had complied with the rules and that he was a permanent employee. They knew it was false, yet they proceeded with the unlawful actions,” said Hermann.

According to Hermann, Solidarity is taking on this case on behalf of all Eskom employees as well as the tax-paying public. “Ordinary taxpayers are sick and tired of state assets being plundered with their money. If this kind of unlawful plundering continues without prosecution, South Africans will begin losing trust in the legal system, a central pillar of our democracy” said Hermann.

Hermann added that it was deplorable that Solidarity had to go to court at all to force Molefe to pay back the money that he had received unlawfully. Therefore, the trade union will request that Molefe and Eskom’s Board Members be held accountable in their personal capacities for the costs of the court action so taxpayers no longer have to carry the can for it.

The case regarding the repayment of the funds will be heard in the Pretoria High Court from 29 November to 1 December.

To read the heads of argument, click here.

To read the supporting documents, click here. 

Issued by Francois Redelinghuys, Spokesperson, Solidarity, 23 November 2017