Labour union Solidarity has rejected the apology and explanation forwarded by former Eskom CEO Brian Molefe that the power utility’s pension fund administrators have erred in paying him the R30 million pension.

The union’s chief executive Dirk Hermann says the payment was not a slight mistake as Molefe, mentioned during the parliamentary committee hearing on Tuesday.

Hermann says they are of the opinion that there is a prima facie criminal case that Molefe and those who took the dubious and unlawful decision to grant him the pension payment he did not qualify for, must answer in court.

“It is not so easy to put unlawful actions right by means of cheap apology. Unlawful actions have consequences. An apology and even pay back is not enough. Solidarity is of the opinion that there is a prima facie criminal case against the persons who made the suspected decisions. We are of the opinion that there were several unlawful misrepresentations that justify prosecution,” says Hermann.