NUM calls for removal of Optimum business rescue practitioners

12th March 2018 By: Megan van Wyngaardt - Creamer Media Contributing Editor Online

JOHANNESBURG (miningweekly.com) – The National Union of Mineworkers (NUM) has called for the removal of business rescue practitioners (BRPs) at the Optimum coal mine, as it claims that their appointment was unlawful.

The NUM has approached Kruger & Co Attorneys to represent it and its 500 members at the mine to set aside the resolution taken by the directors of Optimum to appoint Johan Klopper and Kurt Knoop as BRPs.

The union claimed that their appointment was contrary to the provisions of the Companies Act of 2008.

“Everything they do now is unlawful and they are aware of this, and that they are not independent and were appointed as BRPs in eight other Gupta-linked companies during the exact same period as Optimum’s business rescue proceedings.

“Our client is seeking the appointment of a truly independent business rescue practitioner,” said Kruger & Co Attorneys’ Ruann Kruger.

He further claimed that Optimum is being denied applications to open a bank account from major financial institutions owing to the alleged ties between Knoop, Klopper and the shareholders of Gupta-linked companies.

Without a bank account, the mine currently cannot remain operational which puts the income of hundreds of mine employees and various contractors at risk.

“Therefore, the mineworkers are urgently seeking to approach the court for the appropriate relief to remove the current BRPs and to appoint alternative BRPs who will act independently and are not linked to Gupta shareholders or companies,” said Kruger.