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.

According to Wickins, for Optimum to operate, hundreds of thousands of rand were needed, and the buyer would have to re-establish the mine.

The preservation order the NDPP seeks from the court could only be granted if a forfeiture application was forthcoming, Wickins said. “The court knows there isn’t one. The court knows what they want to do is put a curator in who will oversee the business rescue practitioners. It’s not possible. “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.

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