Court rules that Optimum BRP removal application is urgent
JOHANNESBURG (miningweekly.com) – Law firm Kruger & Co Attorneys says the North Gauteng High Court has ruled that its application to remove the current business rescue practitioners (BRPs) for the Optimum coal mine, is urgent.
The law firm earlier this month announced that it would be filing the application on behalf of trade union, the National Union of Mineworkers.
The application was launched on the grounds that BRPs Kurt Knoop and Johan Klopper were appointed unlawfully and in contravention of the provisions of the Companies Act of 2008.
The law firm alleges that the BRPs are not independent, as they were appointed as BRPsin eight other Gupta-linked companies during the exact same period as Optimum’s business rescue proceedings.
The court ruled, on March 20, that the BRPs may not pay any further historic debt that was due prior to the filing of the resolution for business rescue that was done on February 19.
Further, no assets of Optimum may be disposed of pending finalisation of the application, except the sale of assets in the normal course of business operations at the mine.
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