Trade union Solidarity says it will lobby for criminal prosecution of former Eskom CEO Brian Molefe‚ following Thursday's Pretoria high court ruling that he has 10 days to pay back R11 million erroneously paid to him.

Solidarity chief executive Dirk Hermann said in a statement the matter of the unlawful pension payout - which would have totalled R30.1-million - should not even have gone to court.

In response to Solidarity’s court papers‚ the Public Prosecutor had confirmed under oath that possible criminal offences by Molefe would be investigated‚ he said. Last year‚ Solidarity said that the National Prosecuting Authority (NPA) indicated in its opposing papers that the Office for Serious Economic Offences of the Directorate for Priority Crime Investigation would investigate the parties involved in the unlawful pension award made to Molefe.

Solidarity said on Thursday it would hold the director of public prosecutions "to his word and plans to make representations within two weeks on the grounds for criminal prosecution of Molefe".