The Constitutional Court has rejected former Eskom CEO Brian Molefe’s leave to appeal in a matter raised by trade union Solidarity.

Solidarity said it would immediately institute action to collect the cost order made by the court and to ensure that the R10-million Molefe had allegedly “plundered” from the State-owned power utility’s pension fund is paid back.

Solidarity COO Dr Dirk Hermann said in a statement on Wednesday that Molefe had made every effort not to pay a cost order to Solidarity and other parties.

Molefe’s leave to appeal application follows after the Pretoria High Court in January 2018 ruled that “he had enriched himself unlawfully from the Eskom pension fund", Solidarity said.

Hermann said the Constitutional Court ruling paves the way for the union to proceed with further criminal proceedings against Molefe.

“As Solidarity is getting no response from the National Prosecuting Authority, we have initiated discussions with Advocate Gerrie Nel, from AfriForum, about possible private prosecution.”