Pretoria – Trade Union Solidarity announced on Thursday that it would launch legal proceedings to force former Eskom CEO Brian Molefe to repay the "unlawful" R30m pension payout he received.
"Unlawful actions must bear consequences. An apology and even pay back [from Molefe], is not enough," Solidarity CEO Dirk Hermann told reporters at a press briefing in Pretoria.
The trade union's legal battle will take place in the North Gauteng High Court in Pretoria on November 29.
Probe by NPA
Solidarity has asked the court to order that the National Prosecuting Authority (NPA) investigate the matter.
The NPA said in papers that the office of the Hawks is probing those involved in the alleged pension fund saga.
"We can confirm that the Serious Economic Offences Unit is probing the allegations," Hawks spokesperson Brigadier Hangwani Mulaudzi said.
"No further comments will be made pending the investigations," he said.
Earlier this year, the union filed an affidavit in which it asked the court to overturn Eskom’s decision to reappoint Molefe as CEO, as well as the approval of the payout.
Hermann said Solidarity believed there was a prima facie case against those who made the pension award decision.
Calling for prosecution
"We are of the opinion that there were several unlawful misrepresentations that justify prosecution. The base of the argument is the misrepresentation by Molefe and the Board of Eskom that he complied with the rules and that he was a permanent employee.
"They knew it was false, yet the unlawful actions were proceeded with," Hermann said.
Hermann added that Molefe should not be permitted to occupy any position where he will handle public funds and that he should stop working for the SA Defence Force. Molefe was appointed both as a reserve force member and an honorary colonel of one of the reserve force regiments.
He said two legal opinions from the pension fund found that the payments were "unlawful".
The DA and EFF has also challenged Eskom’s decisions via a consolidated court application.
On February 23, Molefe was sworn in as member of Parliament.
In May, he was reappointed as the CEO of Eskom.
However, his time away was viewed as unpaid leave and he was dismissed again.* Sign up to Fin24's top news in your inbox: SUBSCRIBE TO FIN24 NEWSLETTER