Business rescue practitioners accuse NDPP of 'infringing' right to conduct business on Gupta-owned mine

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The preservation order over Gupta-owned Optimum Coal Mine sought by the national director of public prosecutions is, according to the business rescue practitioners, infringing on the right to conduct their affairs without interference.

“All these factors show that the purpose to which Poca has been put is not legitimate. We will show that the Companies Act itself has crime preventive purposes.”

“Forfeiture is not the end role here. It is not the intention. The intention is for a state-owned business rescue. “Poca does not allow for a preservation to be granted in a vacuum. It has to go towards a forfeiture order.”“The court should not grant the application, not because there won't be a forfeiture application, but in its own terms,” said Wickins.

“Nobody’s is against the NDPP’s efforts. Of course she must execute her duties, but she must do so in recognition of everybody else’s rights. She cannot do so unlawfully.”

 

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