FIFI PETERS: Let’s shift on to the newest happenings popping out of the Eskom Pension and Provide Fund. They’ve stated that the previous Eskom boss, Brian Molefe, continues to be not paying again the cash that’s owed to the pension and provident fund. This pertains to that huge payout that Mr Molefe obtained when he left Eskom again in 2016, which the courts have discovered to be illegal. That’s why he type of has to pay it again.
But we’ve obtained Lorato Aphiri, the authorized advisor for the Eskom Pension and Provident [Fund] for extra on the story.
Lorato, thanks a lot to your time. I suppose that you simply guys would have wished to place this concern to mattress, however it’s clearly taking quite a bit longer than you’d’ve favored. But what are you able to inform us in regards to the state of affairs proper now, and the place issues stand between yourselves and Mr Molefe?
LORATO APHIRI: Good night, Fifi, and good night to your listeners. In phrases of the place issues stand in the intervening time, we obtained the judgment on July 4, which directed Mr Molefe to make a cost of the R10 million again to the fund. And as we stand Mr Molefe has not but repaid that cash and, in reality, is interesting the choice of the excessive court docket.
FIFI PETERS: And yourselves because the fund, you have got repaid what the court docket additionally instructed you to repay to Eskom, that R30 million and a few change.
LORATO APHIRI: That’s right, Fifi. Part of the court docket order was additionally that the fund was directed to repay the R30 million that was paid into the fund as half of Mr Molefe’s early retirement association, and that cash has been returned to Eskom.
FIFI PETERS: How assured are you because the provident fund that you simply’ll finally get the monies again from Mr Molefe?
LORATO APHIRI: Well, as assured as a litigant may be. What the court docket additionally dominated in phrases of that fourth of July judgment was that the fund might in reality deduct a portion of what’s owed to it from the quantity that the fund already holds in respect of Mr Molefe’s [inaudible] from his former retirement fund. So we’ve a assure of kinds in the sense that there are monies that we nonetheless maintain, which we are going to then use to set off a portion of that R10 million that he owes to the fund.
FIFI PETERS: And are you speaking to him proper now, or his authorized crew, attempting to see if this factor may be sorted out extra rapidly?
LORATO APHIRI: Well, he’s interesting the matter, which then implies that the matter should undergo the traditional court docket course of and can then be resolved by means of the courts.
FIFI PETERS: And so in the meantime how materials is what he owes you to the fund? I think about that it’s not that materials, however I simply wished to examine.
LORATO APHIRI: Well, for those who’re asking whether or not the fund is totally funded, the fund is in a wholesome place, it’s totally funded. However, you’ll recall that the courts indicated that we have to unwind that place, and subsequently that’s the course of that we’re enterprise – to unwind the place.
FIFI PETERS: And are you able to do this utterly with out Mr Molefe coming to the get together?
LORATO APHIRI: He has to return a portion of the quantity.
As I acknowledged earlier, we’re allowed to set off a portion of that R10 million with what we maintain. However, Mr Molefe should repay the stability of that quantity.
To the extent that he doesn’t come to the get together, we do have authorized avenues that we are able to use to make sure that we get well that cash.
FIFI PETERS: From him – like with garnishee orders or one thing like that?
LORATO APHIRI: Not garnishee orders, however definitely we might connect his properties in order to get well what’s owed to the fund.
FIFI PETERS: And at what level do you make the choice that that’s the path to go as a result of, as you rightly stated now, Mr Molefe is interesting the court docket’s determination that he has to pay again the cash. I’m not an skilled with court docket processes, however I do know that you would be able to enchantment and enchantment till kingdom come. These instances can drag on for fairly a [period] of time. So at what level in the enchantment course of do you determine to make use of the opposite avenues that you’ve so that you can in the end full and set this course of, and put it to mattress?
LORATO APHIRI: Fifi, as you stated, Mr Molefe does have the fitting to enchantment the matter. However, this matter is sitting at the moment on the excessive court docket. So in the present enchantment course of, what he’s doing is he’s searching for go away to enchantment. He’s asking the court docket to grant him permission to enchantment. The court docket will contemplate the deserves upon which he’s searching for that software and determine whether or not or to not grant him the fitting to additional ventilate these issues.
If the court docket comes again and says there isn’t a advantage to his software, that would be the finish of the matter. However, he might nonetheless petition the Supreme Court of Appeal and finally the Constitutional Court. However, that’s the place the buck will cease. If the Constitutional Court comes and dismisses his software, then it’s at that time that we are able to then [inaudible] Mr Molefe.
FIFI PETERS: All proper. Something tells me the story is much from over. But Lorato, we are going to go away it there for now. Thanks a lot for taking the time to clarify the – what I discover complicated – court docket processes and authorized processes to us in a extra simplified method.
Lorato Aphiri is the authorized advisor of the Eskom Pension and Provident Fund.
