Details about how the Gupta family-controlled Tegeta Resources tried to access funds ringfenced for the rehabilitation of the Optimum and Koornfontein mines emerged as new regulations relating to financial provisions for mine rehabilitation are about to be published for industry comment. Last week, the High Court in Pretoria issued an interim order, after an application by the Organisation Undoing Tax Abuse (Outa), a civil society organisation, to freeze the Optimum and Koornfontein mine rehabilitation trust funds held by the Bank of Baroda. Together, they amount to R1.75bn. The trustees have filed notice of their intention to oppose the application. Outa’s affidavit in support of its application argues the funds were or potentially could be diverted for purposes other than rehabilitation. For example, although mine rehabilitation trusts are supposed to have independent trustees, Koornfontein’s fund had only two, who were current or former employees of Gupta companies. Outa argues t...

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