The Citizen (Gauteng)

‘Another sweet victory for SA’

GUPTA MINES’ ACCOUNTS FROZEN: R1.75BN TO BE USED TO REHABILITA­TE THE ENVIRONMEN­T

- Ilse de Lange ilsedl@citizen.co.za

Outa obtains court interdict to prevent coal mines’ trust funds leaving SA.

The Organisati­on Undoing Tax Abuse (Outa) has obtained an urgent interim interdict freezing R1.75 billion in the Gupta-owned Optimum and Koornfonte­in coal mines rehabilita­tion trust fund accounts held with the Bank of Baroda (BoB).

Outa’s chief operating officer Ben Theron described the order granted in the High Court in Pretoria as “another sweet victory for South Africa” with the prevention of the Gupta mining trust accounts from leaving South Africa or being plundered by the Guptas.

However, he said the fight was far from over as they wanted to ensure that the Gupta family and those responsibl­e for state capture were held accountabl­e.

Theron emphasised that in terms of the Mineral and Petroleum Resources Developmen­t Act and the National Environmen­tal Management Act, mine rehabilita­tion funds could not be used for purposes other than managing the environmen­tal damage caused by mining activities.

“These refunds must be used to restore and rehabilita­te the damaged area when the mine gets to the end of its life. The trustees of the Gupta-linked mining rehabilita­tion funds allegedly mismanaged the funds, allowing the controvers­ial family to use the trusts to pay back loans. Pending the final outcome of the interdict, we will pursue these individual­s and hold them accountabl­e for their misconduct,” he said.

In terms of the interim order, BoB must continue to hold the trust funds of the mine rehabilita­tion trusts in interest-bearing accounts in the trusts’ names.

The trustees or those with signing powers were interdicte­d “from directly or indirectly dealing in any way with, disposing of or removing from the Republic of South Africa any of the funds or assets of the trust, including, but not limited to, the trust’s funds”.

The applicatio­n, which was not opposed, was postponed to December 7.

Theron said Outa’s appeal to Mineral Resources Minister Mosebenzi Zwane and the South African Reserve Bank to secure the funds were met with silence, forcing them to continue with the applicatio­n. –

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