By Cilleste van Dyk
Earlier this year the North Gauteng High Court found that Brian Molefe, former Eskom CEO, was personally involved in the unlawful allocation of pension money to the value of about R30 million. R10 million of that amount was paid to him personally.
The High Court judges said the following in their ruling: “The decision by Eskom to waive penalties and buy Mr Molefe an extra 13 years of service totalling R30,1 million after only 15 months’ service at the age of 50 stretches incredulity and is unlawful … What is most disturbing is the total lack of dignity and shame by people in leadership positions who abuse public funds with naked greed for their own benefit without a moment’s consideration of the circumstances of fellow citizens who live in absolute squalor throughout the country with no basic services.”
Following this ruling, Solidarity laid charges against Molefe with the South African Police Service (SAPS) and with the National Prosecuting Authority’s (NPA’s) special investigating unit, the Hawks. Since then, Solidarity has not had any response to its enquiries about progress being made in the case.
“It therefore appears that there is no prosecution of any kind in spite of overwhelming evidence against Molefe,” said Dr Dirk Hermann, Solidarity Chief Executive. “In light of this, Solidarity has asked Adv Gerrie Nel of AfriForum’s private prosecution unit to initiate the necessary steps for the private prosecution of Molefe.”
Over the past few months, South Africans have continuously been confronted with media reports on the Zondo commission and other events detailing allegations of fraud and mismanagement running into billions of rand at several public institutions. What is becoming evident from the commission’s hearings as well as other reports is that South Africa is suffering from a total lack of accountability. The country simply cannot continue to allow tax plunderers to get away without facing the consequences.
Brian Molefe is one such tax plunderer. Despite the High Court having found that Molefe had enriched himself and that he had to pay back the R10 million already received in pension from the Eskom Pension Fund, he has not taken any steps to do so. Instead, he turned to the courts to appeal the ruling. Finally, the country’s highest court, the Constitutional Court, dismissed his appeal. Molefe now has to repay the R10 million as well as Solidarity’s legal costs.
“It is a pity that the courts have to become the conscience of business leaders who enrich themselves unlawfully,” said Hermann.
Solidarity also announced that it had obtained a warrant to seize Mr Molefe’s goods for the settlement of his debt to Solidarity following a cost order against him. On 23 August, Solidarity gave the sheriff urgent instruction to proceed with the seizure of Molefe’s property to pay Solidarity’s outstanding legal costs. R200 000 is still outstanding. The goods will be sold at a public auction.
Solidarity also addressed a letter to the Eskom pension fund, requesting them to immediately proceed with recovering the outstanding R10 million owed to the fund. The pension fund confirmed that it had not received any payment by the deadline and that it would take “vigorous” legal steps to recover the money.
Deur Cilleste van Dyk Ons sal self. Hierdie drie woorde kan baie arrogant klink sonder die regte konteks. Solidariteit sê: Ons sal self, nie omdat ons dink dat ons dinge alleen of deur ons eie krag sal regkry nie, maar omdat dat daar geen ander opsie is vir ’n voorspoedige toekoms nie. Daarom sê ons […]
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