Business rescue practitioners challenge Batohi on preservation order

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Public prosecutions chief accused of acting unlawfully on Optimum Coal Mine

The preservation order over Gupta-owned Optimum Coal Mine sought by the national director of public prosecutions Shamila Batohi is, according to the business rescue practitioners .

National Prosecuting Authority says are proceeds of crime linked to a corrupt scheme for the acquisition of Optimum. The Companies Act had provisions that deal with the situation at Optimum, he said. “They are not in Poca, they are in the Companies Act.”“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.”

“One would have expected the state to deny that if that was wrong, but they don’t. The only evidence the court has before it is that the state does not intend proceeding to forfeiture. If that is the case, there is no possibility of a preservation order being granted. “Nobody 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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Batohi and NPA_Prosecutes on a hiding to nothing here?, clutching at straws Min_JCS

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