Comment: In terms of the PFA - pension funds act, trustees have a fiduciary duty - a duty to act in utmost good faith.
Should trustees breach their fiduciary duty and it constitutes a criminal offence, the trustees can be prosecuted under the Financial Institutions (Investment of Funds) Act, which prescribes a penalty of R10 000 or 10 years imprisonment, or both.

In other words, the trustees can be held personally liable.

If the trustees or Chairperson of the fund approved the unlawful payment to Molefe, which would automatically have been a breach of the fund rules, they can and should be held liable and prosecuted.

Gerrie Nel, here is a slam dunk for you, mate.

Bulldog, get your teeth into this.