S V R Ragavan and Others Charge Sheet Eskom Rehab DD 24-5-2022

IN THE MAGISTRATE’S COURT FOR THE DISTRICT OF RANDBURG,
JOHANNESBURG
CASE NO:
THE STATE
Versus
Ronica Ragavan Accused No 1
Pushpaveni Ugeshni Govender Accused No 2
Optimum Mine (Pty) Ltd Accused No 3
(A company with limited liability duly incorporated and registered in terms of the
company laws of the Republic and represented in terms of section 332(2) of the
Criminal Procedure Act, Act 51 of 1977 by ……………………..)
Koornfontein Mines (Pty) Ltd Accused No 4
Criminal Procedure Act, Act 51 of 1977 by Ronica Ragavan, Accused 1)
Tegeta Exploration and Resources (Pty) Ltd Accused No 5
Criminal Procedure Act, Act 51 of 1977 by Ronica Ragavan, Accused 1)
Ravindra Nath Accused No 6
Maleatlana Joel Raphela Accused No 7
CHARGE SHEET
Page 1 of 52
The Head of the Investigating Directorate, who as such prosecutes for and on
behalf of the State and after consultation with the Director of Public Prosecutions:
Gauteng Local Division, presents and informs the Court that:
1. Ronica Ragavan (hereinafter referred to as “accused 1”)

A 42-year-old South African female with identification number 770917 0007
081 whose place of residence is 129A Bishop Biko Street, Centurion in the
Province of Gauteng (In her personal capacity)
2. Pushpaveni Ugeshni Govender (hereinafter referred to as “accused 2”)

A 46-year-old South African female with identification number 750424 0157
085 whose place of residence is 78 Silverstream Estate, Vorna Valley,
Halfway House in the Province of Gauteng. (In her personal capacity). She
was appointed as a director of accused 3 on 15/04/2016 and resigned on
10/9/2020.
3. Optimum Coal Mine (Pty) Ltd (hereinafter referred to as “accused 3”)

A company with limited liability duly incorporated and registered in terms of
the company laws of the Republic of South Africa with registration number
2007/005308/07 and with registered office address: Graystone Ridge Office
Park, Block A Lower Ground Floor, 144 Katherine Street, Sandown,
Sandton, in the Province of Gauteng, charged in terms of section 332(1) of
the Criminal Procedure Act 51 of 1977 and represented in terms of section
332(2) of the said Act 51 of 1977 by Mr NE Zuma/Mr D Archary a director
of accused 3, within the meaning of section 332(10) of the said Act 51 of
1977.
Accused 3 was registered on 20 February 2007 with the only active director
as at 13 November 2019.
Director / Member details as on 23/5/2022:
Name(s) Surname Type Status
KURT ROBERT KNOOP BRP Active
JOHAN-LOUIS KLOPPER BRP Active
JUANITO MARTIN DAMONS BRP Active
Page 2 of 52
KGASHANE CHRISTOPHER MONYELA BRP Active
NJABULO EMMANUEL ZUMA Director Active
DHANASEGARAN ARCHARY Director Active
4. Koornfontein Mines (Pty) Ltd (hereinafter referred to as “accused 4”)

2006/013073/07, and with registered office address: Graystone Ridge
Office Park, Block A Lower Ground Floor, 144 Katherine Street, Sandown,
Sandton, in the Province of Gauteng, charged in terms of section 332(1) of
the Criminal Procedure Act 51 of 1977 and represented in terms of section
332(2) of the said Act 51 of 1977 by accused 1, a director of accused 4,
within the meaning of section 332(10) of the said Act 51 of 1977.
Accused 4 was registered on 2 May 2006 with the only active director as at
13 November 2019.
Director / Member details as on 23/5/2022:
RONICA RAGAVAN Director Active
JUANITO MARTIN DAMONS BRP Active
KGASHANE CHRISTOPHER MONYELA BRP Active
5. Tegeta Exploration and Resources (Pty) Ltd (hereinafter referred to as

“accused 5”)
2006/014492/07 and with registered physical address: Graystone Ridge
Office Park, 144 Katherine Street, Sandown, Sandton, in the Province of
Gauteng; charged in terms of section 332(1) of the Criminal Procedure Act
51 of 1977 and represented in terms of section 332(2) of the said Act 51 of
1977 by accused 1 a director of accused 5, within the meaning of section
332(10) of the said Act 51 of 1977.
Page 3 of 52
Accused 5 was registered on 15 May 2006 with the following active Director
/ Member details as on 23/5/2022:
RAVINDRA NATH Director Active
RONICA RAGAVAN Director Active
ASHU CHAWLA Director Active
6. Ravindra Nath (hereinafter referred to as “accused 6”)

An adult male with Indian passport number B1587242 whose place of
residence is unknown to the State. (In his personal capacity)
7. Maleatlana Joel Raphela (hereinafter referred to as “accused 7”)

A 52-year-old South African male with identification number 690210 5846
084 whose place of residence is 51 Plantain Avenue, The Orchards, Akasia
in the Province of Gauteng. (In his personal capacity)
are guilty of the following offences:
OPTIMUM MINE REHABILITATION TRUST
1. COUNT 1: (In relation to accused 1; 2; 3 and 5 only)
1.1. FRAUD, read with provisions of sections 94, 95, 96, 99 and 103 of Act 51 of
1977 and further read with the provisions of section 51(2) of Act 105 of 1997.
1.2. FIRST ALTERNATIVE TO COUNT 1

THEFT, read with the provisions of sections 94, 95, 96 and 99 of Act 51 of 1977
and further read with the provisions of section 51(2) of Act 105 of 1997.
Page 4 of 52
2.1. Contravention of regulation 4 read with regulations 1, 8, 9, 11, 18 and 19 of
the Regulations pertaining to the Financial Provisions for Prospecting,
Exploration, Mining or Production Operations, No. R1147 dated 20 November
2015, issued under the National Environmental Management Act, 107 of 1998
and read with section 24P of the said Act.

the Regulations pertaining to the Financial Provisions for Prospecting,
Exploration, Mining or Production Operations, No. R.1147 dated 20 November
2015 and read with section 24P of National Environmental Management Act,
107 of 1998.
4.1. MONEY LAUNDERING - Contravening section 4 read with sections 1, 7A

and 8 of the Prevention of Organised Crime Act 121 of 1998.
4.2. FIRST ALTERNATIVE TO COUNT 4 - ACQUISITION, POSSESSION OR

USE OF PROCEEDS OF UNLAWFUL ACTIVITIES - Contravening section
6 read with sections 1, 7A and 8 of the Prevention of Organised Crime Act 121
of 1998.
KOORNFONTEIN REHABILITATION TRUST
5. COUNT 5: (In relation to accused 1; 2; 4; 5; 6 and 7 only)
5.1. FRAUD, read with provisions of sections 94, 95, 96, 99 and 103 of Act 51 of
1977 and further read with provisions of section 51(2) of Act 105 of 1997.
Page 5 of 52
6.1. Contravention of regulation 4 read with regulations 1,7, 8, 9, 11, 18 and 19
of Regulations pertaining to the financial provisions for prospecting,
exploration, mining or production operations, No. R.1147 dated 20 November
2015 and read with section 24P of National Environmental Management Act,
107 of 1998.

Regulations pertaining to the financial provisions for prospecting, exploration,
mining or production operations, No. R.1147 dated 20 November 2015 and
read with section 24P of National Environmental Management Act, 107 of
1998.
8. COUNT 8: (In relation to accused 1; 2; 4; 5 and 6 only)
8.1. MONEY LAUNDERING - Contravening Section 4 read with sections 1, 7A

and 8 of the Prevention of Organised Crime Act 121 of 1998.
8.2. FIRST ALTERNATIVE TO COUNT 8 - ASSISTING ANOTHER TO BENEFIT

FROM PROCEEDS OF UNLAWFUL ACTIVITIES - Contravening section 5
read with sections 1, 7A and 8 of the Prevention of Organised Crime Act 121
of 1998.
8.3. SECOND ALTERNATIVE TO COUNT 8 - ACQUISITION, POSSESSION OR

USE OF PROCEEDS OF UNLAWFUL ACTIVITIES - Contravening section
6 read with sections 1, 7A and 8 of the Prevention of Organised Crime Act 121
of 1998
9. COUNT 9: (In relation to accused 7 only)
9.1. FORGERY
Page 6 of 52
10. COUNT 10: (In relation to accused 1; 5 and 7 only)
10.1. UTTERING
11. COUNT 11: (In relation to accused 2 only)
11.1. PERJURY, read with the provisions of section 101 of Act 51 of 1977.
11.2. FIRST ALTERNATIVE TO COUNT 11 – Contravening section 9 of the

Justices of The Peace and Commissioners of Oaths Act, 16 of 1963, read
with the provisions of section 101 of Act 51 of 1977.
Page 7 of 52
THE GENERAL PREAMBLE INCORPORATES THE SUMMARY OF
SUBSTANTIAL FACTS AS REQUIRED BY SECTION 144 (3) OF THE CRIMINAL
PROCEDRE ACT, ACT 51 OF 1977
A. THE MAIN ROLE-PLAYERS
1. Accused 1 in her personal capacity and as a director of accused 4 and 5.

She is a director of accused 4 as from 15/4/2016 and of accused 5 as from
1/11/2007.
2. Accused 2 in her personal capacity, she was a director of accused 3 from

15/4/2016 till 10/9/2020 and Trustee of Koornfontein Rehabilitation Trust
with reference number IT 7563/07 (T) and Trustee of Optimum Mine
Rehabilitation Trust with reference number IT 13693/07 as from 26 April
2016.
3. Accused 6 in his personal capacity, he is a director of accused 5 as from

2/4/2077.
4. Accused 7 in his personal capacity and as the Deputy Director General:

Mineral Regulation, Head Office at the Department of Mineral and
Resources (DMR), Pretoria. Accused 7 was involved and had knowledge
of Glencore sale of OCM to accused 5. Accused 7, the only official from
DMR, accompanied Mr Zwane, the Minister of Mineral Resources at the
time, on a working visit to inter alia Zurich (Switzerland) from 30 November
2015 to 7 December 2015, where inter alia, meetings where held between
Mr Zwane, Glencore, accused 5 and other relevant persons regarding the
sale of OCM to accused 5.
Page 8 of 52
B. GENERAL PREAMBLE TO THE INDICTMENT
B.1 Introduction
5. The Department of Mineral Resources (DMR) is a department of the

national government of South Africa which is responsible for overseeing the
mining industry of South Africa and the exploitation of the country's mineral
resources. In 2019, President Cyril Ramaphosa announced that the
Department of Mineral Resources (DMR) and the Department of Energy
(DE) will merge into one department, as the Department of Mineral
Resources and Energy (DMRE), therefore the reference to DMR and
not DMRE.
6. The Mineral and Petroleum Resources Development Act, 28 of 2002

(MPRDA) regulates the obligation of the Holder of a Mining right to make
the prescribed financial provisions for the rehabilitation or management of
negative environmental impacts associated with mining operations. The
requirement to maintain and retain the financial provision is further
regulated in terms of the requirements of the National Environmental
Management Act, 107 of 1998 (NEMA) and the MPRDA as further read
with the relevant regulations.
7. Accused 3, situated south of Middelburg, Mpumalanga, was owned by

Glencore International (Glencore). Glencore was the majority shareholder
of Optimum Coal Holdings (OCH), who in turn held 100% shareholding in
accused 3. Accused 3 was contracted by Eskom Holdings SOC Ltd
(Eskom) to provide coal to Eskom's Hendrina Power Station under a Coal
Supply Agreement (CSA) originally entered into on 4 January 1993, which
was subsequently ceded to accused 3 on 8 April 2008.
8. From April 2011 onwards, accused 3 experienced difficulties in providing

coal in accordance with the standards included in the CSA and disputes
arose between accused 3 and Eskom. Accused 3 was making a loss of
approximately R120 million a month prior to 23 May 2014.
Page 9 of 52
9. On 31 July 2015, the Board of Directors of OCH decided to place the entity
in voluntary business rescue. Mr Piers Michael Marsden (Mr Marsden) and
Mr Petrus Francois van den Steen (Mr Van den Steen) were appointed
joint Business Rescue Practitioners (BRP’s) for OCH and accused 3 on 4
August 2015.
B.2 Ownership transfer of OCH from Glencore to Accused 5
10. On or about 10 December 2015 Oakbay Investments (Pty) Ltd (Oakbay)

and accused 5 entered into a Sale of Shares and Claims Agreement with
Glencore for the acquisition of shares held in OCH and its subsidiaries,
including accused 3 and accused 4. As part of the agreement for the
acquisition of OCH, it was required that accused 5 take control of the
Optimum Mine Rehabilitation Trust and the Koornfontein Rehabilitation
Trust.
11. In terms of the Sale Agreement the rehabilitation funds had to be converted
into cash and cash equivalents by 15 February 2016. As at 1 February
2016 there was cash invested in four different bank accounts:
11.1. Optimum – a Call Account with The Standard Bank of South Africa Limited:
R1,437,000,000 and a Current Account with The Standard Bank of South
Africa Limited: R3,893,322.87 giving a total amount of R1,440,893,322.87.
11.2. Koornfontein – a Call Account with Rand Merchant Bank: R212,121,768.49

and a Current Account with First National Bank: R66,354,032.16 giving a
total of R278,475,800.65.
12. The total amount at 1 February 2016 for accused 3 and accused 4 was
R1,719,369,123.52. These amounts accrued a total interest of
Page 10 of 52
R4,478,314.40 to 15 February 2016 resulting in the total amount at 15
February 2016 being R1,723,847,437.92.
13. The conditions precedent in the Sale Agreement were fulfilled on 8 April
2016 and the transaction was implemented. The effect of this was, amongst
other things, the transfer of 100% controlling interest held by OCH in
accused 3 and accused 4 to accused 5 and that accused 5 as the
parent/holding company obtained a controlling interest in the profits and
decisions of accused 3 and accused 4. Accused 5 and/or its
representative made decision relating to accused 3 and accused 4 which
were to the benefit or advantage of accused 5.
14. The DMR gave consent in terms of section 11(1) of the MPRDA for the
disposal of the 100% controlling interest held by OCH in accused 3 and
accused 4 to accused 5. The documentation refers to the Consent in terms
of the holder of the Mining Right (MR) (the Right to mine within a certain
area), as well as a Prospecting Right (PR) (the Right to for the prospecting
of minerals) as listed below:
14.1. A consent form (with reference MP30/5/1/2/421PR, 272PR, 1175PR

(1700PR)) was issued in terms of section 11 of the MPRDA for the disposal
of 100% controlling interest held by OCH in accused 3 and accused 4 to
accused 5 and was signed by Ms Kobe as Acting Deputy Director-General,
Mineral Regulation of the DMR on 5 January 2016; and
14.2. A consent form (with reference MP30/5/1/2/2/156MR, 267MR, 10018MR)
was issued in terms of section 11 of the MPRDA for the disposal of 100%
controlling interest held by OCH in accused 4, Optimum Overvaal Mining
& Exploration and accused 3 to accused 5 and was signed by Mr David
Msiza (Mr Msiza) as Acting Director-General: DMR on 29 March 2016.
B.3 Applicable Legislation
Mineral and Petroleum Resources Development Act, 28 of 2002
Page 11 of 52
15. The Mineral and Petroleum Resources Development Act, 28 of 2002
(MPRDA) makes provision for equitable access to and sustainable
development of the nation’s mineral and petroleum resources and
provides for matters connected therewith.
16. Section 41 of the MPRDA, read with regulations 53 and 54 of the

regulations published under the MPRDA, regulates the obligation of the
Holder of a Mining right to make the prescribed financial provisions for the
rehabilitation or management of negative environmental impacts
associated with mining operations.
National Environmental Management Act, 107 of 1998
17. The Financial Provision for Rehabilitation is regulated by the National

Environmental Management Act, 107 of 1998 (NEMA) as amended.
18. NEMA, was assented to on 19 November 1998. The purpose of NEMA is

“To provide for co-operative, environmental governance by establishing
principles for decision-making on matters affecting the environment,
institutions that will promote co-operative governance and procedures for
co-ordinating environmental functions exercised by organs of state; and to
provide for matters connected therewith”.
19. Section 24P of NEMA deals with the financial provision for remediation of
environmental damage.
Section 24P (5) of NEMA further provides that “The requirement to maintain
and retain the financial provision contemplated in this section remains in
force notwithstanding the issuing of a closure certificate by the Minister
responsible for mineral resources in terms of the Mineral and Petroleum
Resources Development Act, 2002 to the holder or owner concerned and
the Minister responsible for mineral resources may retain such portion of
Page 12 of 52
the financial provision as may be required to rehabilitate the closed mining
or prospecting operation in respect of latent, residual or any other
environmental impacts, including the pumping of polluted or extraneous
water, for a prescribed period.”
20. On 20 November 2015 the Regulations pertaining to the Financial

Provisions for Prospecting, Exploration, Mining or Production Operations
were published in order to give effect to the requisite provisions of various
sections including Section 24P of NEMA.
21. The purpose of the Regulations of NEMA is set out in regulation 2 and
reads as follows: “The purpose of these Regulations is to regulate the
determine and making of financial provision as contemplated in the Act for
the costs associated with the undertaking of management, rehabilitation
and remediation of environmental impacts from prospecting, exploration,
mining or production operations through the lifespan of such operations and
latent or residual environmental impacts that may become known in the
future”.
22. The Regulations outline the manner in which financial provision is to be

determined from 20 November 2015. All the provisions of the regulations
are relevant as all mining companies are required to comply with the
Financial Provision Regulations as provided for.
23. Regulation 4 in Chapter 2 under the heading “Financial Provision” deals

with the determination of financial provision and reads as follows:
“An applicant or holder of a right or permit must determine and make
financial provision to guarantee the availability of sufficient funds to
undertake rehabilitation and remediation of the adverse environmental
impacts of prospecting, exploration, mining or production operations, as
contemplated in the Act and to the satisfaction of the Minister responsible
for mineral resources”.
Page 13 of 52
24. Regulation 7 deals with the availability of financial provision and states:
“The applicant or holder of a right or permit must ensure that the financial
provision is, at any given time, equal to the sum of the actual costs of
implementing the plans and report contemplated in regulation 6 and
regulation 11(1) for a period of at least 10 years forthwith.”
25. Regulation 8 deals with the financial vehicles that can be used for the
provision as required by the act and regulations.
26. Regulation 9(5) further states that “Where an applicant or holder a right or
permit makes use of the financial vehicle contemplated in regulation 8(1)(b),
any interest earned on the deposit shall first be used to defray bank charges
in respect of that account and thereafter accumulate and form part of the
financial provision”.
27. Regulation 11 deals with the review, assessment and adjustment of

financial provision by the holder of a right or permit
B.4 Optimum Mine Rehabilitation Trust
28. Deed of Trust for the Establishment of the Optimum Mine

Rehabilitation Trust.
28.1. The Optimum Mine Rehabilitation Trust with reference number IT 13693/07
was established between Optimum Coal Investments (Proprietary) Ltd and
Mr Michael Solomon Teka, Elphius Olki Monkoe, Thomas Ignasius Borman
and Viktor Erich Cogho and the trust deed was signed at Hyde Park on 7
November 2007.
28.2. On 26 April 2016 a letter of Authority of the Optimum Mine Rehabilitation

Trust with reference number IT 13693/07 was issued by the High Court of
Page 14 of 52
Pretoria and certified that the following persons were authorised to act as
trustees of the Optimum Mine Rehabilitation Trust:
28.2.1. Althaf Emmamally (Mr Emmamally) with identification number 690714
5142 089;
28.2.2. Pushpaveni Ugeshni Govender (accused 2) with identification number
750424 0157 085; and
28.2.3. Trevor William Scott (Mr Scott) with identification number 781231 5130
089.
28.3. On 1 December 2017 a Letter of Authority of the Optimum Mine

Rehabilitation Trust with reference number IT 13693/07 was issued by the
High Court Gauteng Division, Pretoria certifying that the following persons
were authorised to act as trustees:
750424 0157 085; and
28.3.2. Reshma Moopanar (Ms Moopanar) with identification number 720801
018 083.
28.4. The trust deed states inter alia the following:

28.4.1. “Statutory obligations” is defined in paragraph 1.9 as follows: “the
obligations imposed on the beneficiary/ies in terms of any law which
regulates mining operations, and which obligations include the
rehabilitation upon premature closure, decommissioning and final closure
and post closure coverage of any latent and residual environmental impacts
on the area covered in terms of any permit, right, reservation or permission,
to restore one or more areas to their natural or predetermined state, or to a
land use which conforms to the generally accepted principle of sustainable
development as envisaged by Section 37A of the IT Act”.
28.4.2. The object of the Trust is set out under paragraph 3.2 of the document and
reads as follows: “The sole object of the Trust is to apply its property solely
for rehabilitation upon premature closure, decommissioning and final
closure and post closure coverage of any latent and residual environmental
impacts on the area covered in terms of any permit, right, reservation or
Page 15 of 52
permission; to restore one or more areas to their natural or predetermined
state; or to a land use which conforms to the generally accepted principle
of sustainable development and apply the funds received by it in
accordance with Section 11 (hA) and S37A of the IT Act, in order to
discharge the statutory obligations of the beneficiary/ies”.
28.4.3. Paragraph 7.4 of the trust deed states the following:

“Notwithstanding the foregoing it shall be competent for the Trustees to
decide any matter by way of a round robin procedure viz. In the form of a
written resolution signed by each one of them which resolution shall be
deemed to constitute a meeting of Trustees.”
28.4.4. The powers and duties of the trustees are set out in paragraph 12 of the
document and further provides for the books of account and accounting
procedures in paragraph 13 of the document. Paragraph 13.8 states that
“The Trustees shall not be permitted to distribute, except as may otherwise
be provided herein, any of the funds of the Trust to any person and shall
utilize the funds solely for investment or the objects for which the Trust has
been established”.
28.4.5. The document further deals with the compliance with statutory obligations
in paragraph 16 and 16 (1) reads as follows:
“The Trustees undertake to ensure that the funds are utilised to discharge
the statutory obligations in accordance with the requirements laid down by
the RM [Regional Manager]. The funds will be placed at the disposal of
such beneficiary to carry out the statutory obligations as and when so
required. This undertaking shall be a stipulation in favour of the RM and be
enforceable by him”.
28.5. As at 1 February 2016 the total amount held by the Optimum Mine
Rehabilitation Trust was R 1,440,893,322.87.
28.6. The sole object of the Optimum Mine Rehabilitation Trust is to apply its
funds solely to discharge their Statutory Obligations.
Page 16 of 52
29. Standard Bank account number 402264746 held by Optimum Mine
Rehabilitation Trust
29.1. The Optimum Mine Rehabilitation Trust used a Standard Bank account with
number 402264746 as stated in regulation 8 of the Regulations pertaining
to the Financial Provisions for Prospecting, Exploration, Mining for
Production Operations as the financial vehicle for the financial provision as
required until 08 August 2016.
29.2. As at 02 January 2016 the balance in account number 402264746 was

R955,959.20.
29.3. At 19 May 2016 the balance in the Optimum Mine Rehabilitation Trust
Standard Bank account was R 7,989,904.90.
29.4. On 23 May 2016, R7,500,000.00 was transferred from the Optimum Mine
Rehabilitation Trust account at Standard Bank with account number
402274746 to the accused 3 PL account held at Standard Bank with
account number 364029.
29.5. Prior to this transfer the balance in the accused 3 PL account, 364029, was
R10,046,564.34. After the transfer of R7,500,000.00 the balance in the
account was R17,546,564.34.
29.6. Also, on 23 May 2016 a deposit of R9,500,000.00 was made into the
Standard Bank with account number 364029 from the accused 5 FNB
account with account number 62117356990 to bring the balance to R
27,046,564.34.
30. Accused 3 in a letter titled “Request to Transfer Funds” and dated 23 May
2016 requested Standard Bank to transfer the amount of R7,500,000.00
from the Optimum Mine Rehabilitation Trust Standard Bank account with
account number 402274746 to accused 3 PL account held at Standard
Page 17 of 52
Bank with account number 00 0364029. The letter was signed by accused
1 and accused 2 on behalf of accused 3.
31. A payment of R26,412,794.33 was made on 23 May 2016 from accused 3

PL account held at Standard Bank with account number 364029 to Klipbank
Mining.
32. The amount of R7,500,000.00 from the Optimum Mine Rehabilitation Trust
was used as part of the payment of the amount of R26,412,794.33 to
Klipbank Mining which is not in accordance with the requirements of the
trust regardless of what the funds were used for.
33. The payment in the amount of R26,412,794.33 on 23 May 2016 related to

underground mining activities that Klipbank Mining performed for accused
3 in April 2016 and does not relate to rehabilitation activities at the mine.
Klipbank Mining did not render any rehabilitation services to accused 3.
34. The Annual Financial Statements for Optimum Mine Rehabilitation Trust,
for the year ended 31 December 2015 which were issued on 22 February
2016, stated that the investments held by Optimum Mine Rehabilitation
Trust to the amount of R1,513,462,690.00 are restricted to fund the
environmental and rehabilitation obligations of accused 3 and that the
returns on the investments comprise of interest and market value
movements of the investment products.
35. Accused 2, as a trustee of Optimum Mine Rehabilitation Trust, stated in an

affidavit dated 4 April 2018 filed in Asset Forfeiture proceedings in Case
Number 14775/2018 held in the High Court Gauteng Division, Pretoria, in
paragraph 26.3.1 that “The money was required for the business rescue
practitioners, who were then operating Optimum Coal Mine (and did so until
August 2016), to make payment to the rehabilitation contractor for
rehabilitation work carried out at the mine.”
Page 18 of 52
36. No rehabilitation work was done at accused 3 and the Business Rescue
Practitioners did not request any money for rehabilitation work to be carried
out at accused 3.
37. The R7,500,000.00 was at no stage used for rehabilitation at accused 3 or

paid back to the Optimum Mine Rehabilitation Trust and was in fact used
as part of the payment to Klipbank Mining for underground mining activities.
38. Note 5 of the financial statements of the Optimum Mine Rehabilitation Trust
for the period ended 28 February 2017 states “An amount of R7.5 million
was transferred from the Trust (OMRTF) current account to the Mine (OCM)
current account, which at the time was being operated by the Business
Rescue Practitioners, for rehabilitation work done on the mine.” This
statement is not correct as no rehabilitation work was done at accused 3.
39. The balance in the Optimum Mine Rehabilitation Trust Standard Bank
account was R1,469,916,933.63 on 21 June 2016 when the amount was
transferred to Nedbank account number 1454095326 held by Bank of
Baroda. The amount of R1,469,916,933.63 was paid into the Bank of
Baroda bank account 92020200000524 in the name of Optimum Mine
Rehabilitation Trust on 22 June 2016. The amount of R1,461,000,000
(R500,000,000 +R500,000,000 + R461,000,000) was paid into fixed
deposit accounts on 24 June 2016. The amounts were paid back into the
aforesaid Bank of Baroda bank account 92020200000524 on 26 June
2017. The interest accrued in respect of the Fixed Deposit amounts, of
R38,444,954.71, R38,444,954.71 and R35,446,248.24 respectively, was
paid into Bank of Baroda bank account 92020200000524 on 23 June 2017.
The interest which accrued on the account between the period 30 June
2016 to 10 May 2018 was held in the account and was not used.
B.5 Koornfontein Rehabilitation Trust
40. Deed of Trust for the Establishment of the Koornfontein Rehabilitation Trust
Page 19 of 52
40.1. A Deed of Trust for the Establishment of the Koornfontein Rehabilitation
Trust was entered into between Main Street 432 (Proprietary) Ltd and
Samuel Nkhumeleni Nematserani, Hein Teesen and Viktor Erich Cogho as
the Trustees. The document was signed at Johannesburg on 26 June 2007
and the Koornfontein Rehabilitation Trust with reference number IT 7563/07
(T) was created.
40.2. On 26 April 2016 the following persons were authorised to act as trustees
of the Koornfontein Rehabilitation Trust:
750424 0157 085;
40.2.2. Althaf Emmamally (Mr Emmamally) with identification number 690714
5142 089;
40.2.3. Trevor William Scott (Mr Scott) with identification number 781231 5130
089.
40.3. On 1 December 2017 the following persons were authorised to act as

trustees of the Koornfontein Rehabilitation Trust:
750424 0157 085;
40.3.2. Ms Moopanar (Ms Moopanar) with identification number 720801 0118 083;
40.4. “Beneficiary” as per trust deed is stated as Main Street 432 (Proprietary)
with registration number 2006/013073/07, the entity is now registered as
Koornfontein Mines (Pty) Ltd (accused 4) with the only active director as
accused 1 with identification number 770917 0007 081. She was appointed
as a director of accused 4 on 15 April 2016.
40.5. “Statutory obligations” is defined in paragraph 1.11 of the deed of trust as

follows: “the obligations imposed on the Beneficiary in terms of the Acts and
Regulations, in respect of rehabilitation upon premature closure,
decommissioning and final closure, and post closure coverage latent and
Page 20 of 52
residual environmental impacts on the areas covered by the mines
described in clause 1.7 to restore those areas to their natural or
predetermined state, or to a land use which confirms to the generally
accepted principle of sustainable development, as envisaged in Section
37A (1) (a) of the IT Act”.
40.6. The Trust and its objectives are set out under paragraph 3 of the document.
Paragraph 3.2 states that “The sole object of the Trust is to apply its funds
solely to discharge the Statutory Obligations”.
40.7. Paragraph 7.3 of the trust deed states the following:

“Questions arising at meeting of Trustees shall be decided by unanimous
vote each of the Trustee personally present having one vote.”
40.8. The powers and duties of the trustees are set out in paragraph 12 of the
document and further provides for the books of account and accounting
procedures in paragraph 13 of the document. Paragraph 13.8 states that
“The Trustees shall not be permitted to distribute, except as may otherwise
be provided herein, the Funds of the Trust to any person and shall utilise
the Trusts solely for the objects for which the Trust has been established”.
40.9. As at 1 February 2016 the total amount held by the Koornfontein

Rehabilitation Trust was R 278,475,800.65.
40.10. The sole object of the Koornfontein Rehabilitation Trust is to apply its funds
solely to discharge their Statutory Obligations.
41. Request by Accused 5 to transfer the funds to the Bank of Baroda
41.1. Accused 4, until 23 May 2016, kept the financial provision for rehabilitation
at First National Bank (FNB) under Trust Deed No IT 7563/2007, in
Page 21 of 52
accordance with Regulation 8(l)(c) of the Financial Provisioning
Regulations of NEMA.
41.2. Accused 5, as the new owner of accused 4, informed the DMR that all four
major banks have given them notice to close their accounts and for that
reason accused 5 had no option but to move the funds to another bank.
41.3. Accused 5 requested DMR permission to move the funds for the financial
provision held in the Koornfontein Rehabilitation Trust account from FNB to
the Bank of Baroda, Johannesburg.
41.4. The DMR acceded to the request to move of the funds for financial provision
held in the Koornfontein Rehabilitation Trust account with FNB to the Bank
of Baroda, Johannesburg provided that such bank is registered with the
Financial Services Board, South Africa and that accused 5 had to ensure
that the funds shall remain in the present Koornfontein Rehabilitation Trust
created under section 8(1) (c) i.e. Trust Deed No IT 7563/2007.
41.5. In a letter sent from the Koornfontein Rehabilitation Trust to Rand Merchant
Bank (RMB) dated 18 May 2016 the Trustees of the Trust requested the
transfer of the R280,000,000.00 from the FNB account number
62341938572 to the Bank of Baroda account number 1454095326 and to
further credit the Bank of Baroda account number 92020200000519 held
by the Koornfontein Rehabilitation Trust. On 23 May 2016 a deposit of the
R280,000,000.00 was made into the Bank of Baroda bank account
920202000000519 held in the name of Koornfontein Rehabilitation Trust.
42. Application by Accused 5 to request the DMR to grant its approval to use the
Koornfontein Rehabilitation Trust for mining rehabilitation purposes
42.1. Accused 5 in a letter dated 4 May 2016 to the Regional Manager DMR in
Mpumalanga and signed by accused 6 titled “Notification in terms of
Regulation 7 Read with Regulation 11 of the Financial Regulations
Provisions of NEMA requested the DMR to grant its approval to use the
Page 22 of 52
Koornfontein Rehabilitation Trust funds for mining rehabilitation purposes.
It is stated in the letter that:
“2. The current situation with our group and the big 4 Banks and
Insurance Companies seizing(sic) to provide services to all our Group
companies as is widely mentioned in the media, has led to a critical
situation hampering our ability to keep the business and its related jobs
afloat. As a result, TER hereby requests that the DMR grants it approval
to use above mentioned funds for mining rehabilitation purposes”
3. “Should the DMR provide the necessary approval TER hereby

undertakes as follows:
a) To get the environmental impact assessment report of KFN reviewed
by an (sic) specialist twice a year;
b) To provide DMR access to the trusts Bank Statement;
c) The results of the assessment of the adequacy of the financial
provision contemplated above, and the work completed in relation to
any funds that have been used by TER/KFN, must be (i) audited by
an independent environment specialist/auditor; (ii) included in the
environmental audit report and (iii) submitted by TER/KFN for
approval to the DMR; and
d) Should there be a shortfall in the financial provision, TER will refill
the void within 90 days to increase the financial provision to meet the
reviewed, assessed and audited financial provision and will submit
proof of such increase to the DMR”.
43. Letter to Accused 5 by Deputy Director General of the DMR dated 5 May 2016
43.1. The Deputy Director General of the DMR (accused 7) in a letter to accused
5, dated 5 May 2016 under the heading” RE: NOTIFICATION IN TERMS
OF REGULATION 7 READ WITH REGULATION 11 OF THE FINANCIAL
REGULATIONS PROVISIONS OF THE NATIONAL ENVIRONMENTAL
MANAGEMENT ACT 107 OF 1996 ("NEMA''): KOORNFONTEIN COAL
Page 23 of 52
MINES (PTY) LTD.” refers to the request from accused 5 as referred to
herein above stating that:
“The Department grants approval in principle to access the funds held in the
account of “Koornfontein Rehabilitation Trust” (Trust No. IT 7563/07) for
concurrent rehabilitation of the mine. However ensure that the following are
to be considered:
a) The current environmental liability assessment report compiled by
an independent auditor.
b) The rehabilitation program accompanied by an implementation
plan detailing the timeframes for each rehabilitation phase.
c) The above plan must be supported with quantified extent to inform
the quantum of financial provision in order to determine the
amount.”
43.2. The letter was signed by accused 7.

43.3. These funds could not be accessed pending the final approval thereof,
which could only be given by the regional manager as the responsible
official.
44. Letter to Accused 5 by Deputy Director General of the DMR dated 5 May 2016
handed to the Bank of Baroda
44.1. A similar letter, as the one stated in paragraph 43 supra, from the Deputy
Director General of the DMR (accused 7) addressed to accused 5 dated
5 May 2016, under the heading” RE: NOTIFICATION IN TERMS OF
REGULATION 7 READ WITH REGULATION 11 OF THE FINANCIAL
REGULATIONS PROVISIONS OF THE NATIONAL ENVIRONMENTAL
MANAGEMENT ACT 107 OF 1996 ("NEMA''): KOORNFONTEIN COAL
MINES (PTY) LTD.” was handed to the Bank of Baroda, stating only the
following:
“The Department grants approval in principle to access the funds held in
the account of “Koornfontein Rehabilitation Trust” (Trust No. IT 7563/07) for
concurrent rehabilitation of the mine.”
Page 24 of 52
44.2. The further information that had to be considered as numbered a-c in the
letter mentioned in paragraph 43 supra, was however not included in the
letter that was handed to the Bank of Baroda.
44.3. An electronic copy of the letter mentioned in paragraph 44.1 was amongst
the electronic records on the computer of accused 7 where the document
was saved at 05:19pm on 5 May 2016.
45. Letter from Koornfontein Rehabilitation Trust to the Bank of Baroda dated 3
June 2016.
45.1. The Bank of Baroda received a letter from accused 2 on behalf of the
Koornfontein Rehabilitation Trust dated 3 June 2016. The letter confirms
that the funds in the account are kept for the rehabilitation of the mining
activity at accused 4. Attach to this letter was an extract from the Minutes
of the Meeting of the Board of Directors of accused 4 held on 3 June 2016.
The minutes reflect that it was resolved that: “
1. the Company applies for an (sic) loan facility of R150,000,000 (one

hundred and fifty million rand) to Bank of Baroda, Johannesburg (the
"Bank") against the deposit held in the account of Koornfontein
Rehabilitation Trust, registration number IT 7563/07 for undertaking the
concurrent rehabilitation at Koornfontein Mine.
2. Mrs Ronica Ragavan in her capacity as the director of the Company be
and is hereby authorised to do the needful to give effect to this
resolution”.
46. Application for Credit Facilities: Bank of Baroda

46.1. Accused 4 submitted a document titled “Application for Credit Facilities”
dated 6 June 2016 to the Bank of Baroda. The document reflects that the
application was for a loan against a deposit in the amount of
R150,000,000.00 stating the borrower as accused 4 and the purpose for
which the loan is requested as rehabilitation of accused 4. Attached to this
application were the following documents:
Page 25 of 52
46.1.1. A letter from accused 5 to the Bank of Baroda titled “Undertking
(sic) for Utilisation of funds released by the Bank to Koornfontein
Mines Pty (Ltd)” dated 6 June 2016 and an extract from the
Minutes of the meeting of the Board of Directors of accused 5
held on 6 June 2016 confirming that the funds will be used for the
rehabilitation of the mining activity and that accused 1 in her
capacity as the director of the Company is authorised to sign all
the documents required by the Bank to give effect to the
resolution.
46.1.2. A letter from accused 4 addressed to the Bank of Baroda
regarding the undertaking for the utilisation of the funds released
by the bank on behalf of the Koornfontein Rehabilitation Trust
dated 6 June 2016 and an extract from the Minutes of the Meeting
of the Board of Directors of accused 4 held on 6 June 2016 stating
that the funds so loaned shall be utilized for the concurrent
rehabilitation of the company’s mining activity and that accused
1 in her capacity as the director of the company is authorised to
sign all the documents required by the Bank to give effect to the
resolution.
46.1.3. An undertaking from Koornfontein Rehabilitation Trust addressed
to the Bank of Baroda dated 6 June 2016 wherein Koornfontein
Rehabilitation Trust undertakes to ensure that the accused 4 shall
utilise the loan of R150 000 000.00 exclusively for the purpose of
the concurrent rehabilitation of its mines.
46.1.4. An extract from the Minutes of the Meeting of the Trustees of the
Koornfontein Rehabilitation Trust held on 6 June 2016, reflects
that it was resolved that the Trust undertakes to ensure that
accused 4 shall use the loan solely for the concurrent
rehabilitation of the mines and for no other purposes and that
accused 2 in her capacity as the Trustee is authorised to sign all
the documents required to give effect to the resolution.
47. Based on the letters as mentioned in paragraphs 44 and 45, the document
mentioned in paragraph 46 and the undertaking by the accused that the money will
Page 26 of 52
only be use for rehabilitation of the mine, the Bank of Baroda sanction LABOD limit
of R 150,000,000.00 to M/S. Accused 4 against pledge Pledge/Lien of Deposit
with Bank worth R 170,000,000.00 in the name of M/s “Koornfontein Rehabilitation
Trust (Trust No. IT 7563/07)” for one year.
48. A Loan Facility Agreement was entered into between the Bank of Baroda and
accused 4. The said agreement was signed by a representative of the Bank of
Baroda in Sandton on 6 June 2016, and by accused 1 as a representative of
accused 4 on the same day.
49. The Bank of Baroda issued a document to accused 4 that sets out the sanction of
credit facilities and refers to the loan of R150 million for the Rehabilitation of the
accused 4. The purpose of the credit facility in the amount of R150,000,000 was
“For rehabilitation of Koornfontein Mines”. The document was signed by accused
1 and accused 2.
50. Pledge/Lien of Deposit with Bank worth ZAR 170,000,000.00

50.1. A deposit, to wit the funds held for rehabilitation in the amount of the
R280,000,000.00, was made into Bank of Baroda control account number
145095326 on 23 May 2016 from First National Bank account number
62341938572.
50.2. The R280,000,000.00 was then transferred from the Bank of Baroda control
account number 145095326 into bank account 920202000000519 held in
the name Koornfontein Rehabilitation Trust at the Bank of Baroda on 23
May 2016.
50.3. The Bank of Baroda bank account 920202000000519 held in the name
Koornfontein Rehabilitation Trust had accused 2 and Mr Scott as the
authorised signatories on the account.
Page 27 of 52
50.4. An amount of R 170,000,000.00 was transferred on 6 June 2016 from Bank
of Baroda bank account 920202000000519 with the description “Fixed
Deposit 03/649 to Bank of Baroda account 92020300000649.
50.5. One year later, on 6 June 2017 an amount of R 13,578,722.96 was paid
into Koornfontein Rehabilitation Trust account with number
920202000000519 at the Bank of Baroda. This was the interest on the R
170,000,000.00 as mentioned in paragraph 50.4.
50.6. An amount of R 170,000,000.00 was paid into Koornfontein Rehabilitation

Trust account with number 920202000000519 at the Bank of Baroda on 26
June 2017 with the description “Closure Proceeds”.
51. Disbursement of Loan

51.1. Accused 4 in a letter to the Bank of Baroda titled “Disbursement of Loan”
dated 13 June 2016 and signed by accused 1 requested the Bank of
Baroda to disburse the R100,000,000.00 loan and credit the amount of
R100,000,000.00 in their current account held with the Bank of Baroda.
51.2. Based on the letters as mentioned in paragraphs 44, 45 and 51.1, the
document mentioned in paragraph 46, and the undertaking by the accused
that the money will only be use for rehabilitation of the mine the Bank of
Baroda Bank disbursed the loan in the amount of R100,000,000.00 against
the R170,000,000.00 deposit from the Koornfontein Rehabilitation Trust
Account with account number to 92020300000649 to the account in the
name of accused 4 held at the Bank of Baroda with account number
92020600000474 on 13 June 2016. Accused 1 in her capacity as the
director of accused 4 was authorised to sign all the documents relating to
Bank of Baroda account number 92020600000474.
51.3. The amount of R 100,000,000.00 as mentioned in paragraph 51.2 was on

13 June 2016 transferred from the account of accused 4 held at the Bank
of Baroda with account number 92020600000474 to the account of
Page 28 of 52
accused 4 with account number 92020200000520 held at the Bank of
Baroda Bank. The authorised signatories on Bank of Baroda account
number 92020200000520 were accused 1 and accused 6.
51.4. The amount of R 100,000,000.00 as mentioned in paragraph 51.3 was on

14 June 2016 transferred from the account of accused 4 with account
number 92020200000520 to the account of accused 5 with account
number 92020200000042 held at the Bank of Baroda Bank. The authorised
signatories on Bank of Baroda account 92020200000042 were accused 1
and accused 6.
51.5. On 15 June 2016 the amount of R 100,000,000.00 as mentioned in

paragraph 51.4 was transferred from the account of accused 5 with
account number 92020200000042 held at the Bank of Baroda Bank to the
account held by accused 5 with account no: 20047920101 held at the State
Bank of India. The authorised signatories on the State Bank of India
account 20047920101 were accused 1 and accused 6.
51.6. The following payments were made from the account held by accused 5
with account number 20047920101 at the State Bank of India.
Date Amount (R) Description

15/06/2016 R 29,154,054.83 Klipbank Mining Pty Ltd
15/06/2016 R 33,691,852.06 Coalcor Mining Pty Ltd
17/06/2016 R 5,000,000.00 Coalcor Mining Pty Ltd
21/06/2016 R 30,000,000.00 Bank of Baroda
Total R 97,845,906.89
52. R67,845,906 (R29,154,054.83 + R33,691,852.06 + R5,000,000.00) of the

R100,000,000.00 that was transferred to the State Bank of India account
and paid to Klipbank Mining Pty Ltd and Coalcor Mining Pty Ltd was not
used for any rehabilitation work.
Page 29 of 52
53. The amount of R30,000,000.00 was paid into the Bank of Baroda control
account with number 1454095326 on 21 June 2016. The amount of
R30,000,000.00 was then paid into the Bank of Baroda account
92020200000042 held by accused 5 on 22 June 2016. On the same day
the following transfers were made:
53.1. R15,000,000.00 to “Koornfontein Min”;
53.2. R3,000,000.00 and R500,000.00 to “Shiva Uranian”; and
53.3. R7,000,000.00 to “Optimum Coa”.
54. The R30,000,000.00 that was transferred from the State Bank of India
account to the Bank of Baroda account 92020200000042 held by accused
5 was used for various purposes other than for Rehabilitation work.
55. The disbursement of the loan in the amount of R100,000,000.00 against

the R170,000,000.00 deposit from the Koornfontein Rehabilitation Trust
account with account number 92020300000649 to the account in the name
of accused 4 held at the Bank of Baroda with account number
92020600000474 on 13 June 2016 resulted in the following:
55.1. That the financial provision was not equal to the sum of the actual costs of
implementing the plans and report contemplated in regulation 6 and
regulation 11(1) of the Regulations Pertaining to the Financial Provision for
Prospecting, Exploration, Mining or Production Operations of NEMA for a
period of at least 10 years forthwith.
55.2. The R170,000,000.00 was not ring-fenced as required by law.
55.3. The R170,000,000.00 was not available for rehabilitation of the accused 4.
55.4. The R170,000,000.00 was at risk as it was used for security for the R
100,000,000.00. If the R 100,000,000.00 was not repaid to the Bank of
Baroda, the Bank of Baroda would call on the security.
Page 30 of 52
55.5. The R 170,000,000.00 could not have been accessed pending the final
approval by the Regional Manager of the DMR as the responsible official.
56. The amount of R100,000,000 was not used for “Concurrent Rehabilitation”
by accused 5, accused 4 and/or the Koornfontein Rehabilitation Trust and
is irregular. The R100,000,000 that was paid into the State Bank of India
account number 32620047920101 held by accused 5, was used to pay
third parties and the money was not used for “Concurrent Rehabilitation”
work.
57. Note 3 to the Annual Financial Statements for Koornfontein Rehabilitation

Trust, for the year ended 31 December 2015 that were issued on 22
February 2016, stated that the investments held by Koornfontein
Rehabilitation Trust to the amount of R 286,934,036.00 are restricted to
fund the environmental and rehabilitation obligations of Koornfontein
Mines and that the returns on the investments comprise of interest and
market value movements of the investment products.
58. Accused 2, as a trustee of Koornfontein Rehabilitation Trust, stated in an

affidavit dated 4 April 2018 filed in Asset Forfeiture proceedings in Case
Number 14775/2018 held in the High Court Gauteng Division, Pretoria, in
paragraph 26.5.3 that “Koornfontein Mines obtained a loan from the Bank
of Baroda, to be used to effect rehabilitation work, for an approximate
amount of R150 million, which was sanctioned against the provision of
security in the form of part of the deposit held by the Bank on behalf of the
Koornfontein Trust. In the end, only R100 million was disbursed by the Bank
of Baroda”.
59. No rehabilitation work was done at accused 4.
Page 31 of 52
B.6 Primary fiduciary duty of the trustee
60. The accused were at all relevant times to the charge sheet aware of the
following:
60.1. The primary fiduciary duty as trustee is to safeguard the relevant funds on
behalf of Optimum Mine Rehabilitation Trust, Koornfontein Rehabilitation
Trust and the Department of Mineral Resources.
60.2. It is only the trustees of the trust who are empowered to transact with the
funds held in such accounts, subject to the terms of the trust deed and their
fiduciary obligations to the trust.
60.3. Accused 2, accused 3, accused 4 and accused 5 was under a legislative

obligation to maintain sufficient funds in the trust accounts to meet the
rehabilitation obligations of the company in terms of the provisions of
regulations 53 and 54 of the Mineral and Petroleum Resources
Development Regulations issued under MPRDA and in terms of the
provisions of section 24P of the NEMA read with the regulations
promulgated under NEMA on 20 November 2015 dealing with financial
provisions for rehabilitation and to ensure that the funds are held or invested
into accounts and/or instruments which meet the requirements of section
37A of the Income Tax Act 58 of 1962.
60.4. That any of the contraventions as referred to herein above may result in a
fine and/or imprisonment in addition to any civil remedies that may be
available to the BRP’s, accused 3, accused 4 and /or its affected persons.
60.5. The directors of accused 3, accused 4 and/or accused 5 were not allowed
to issue any instructions to any bank with respect to the withdrawal,
movement or investment of any of the funds held in the trust’s account.
60.6. Trust funds must be-

60.6.1. ring-fenced in a separate account; and
60.6.2. unencumbered and at all times retained solely for the benefit of the Trust.
Page 32 of 52
60.7. The trustees of the Optimum Mine Rehabilitation Trust and Koornfontein
Rehabilitation Trust were under the legal duty to act in the best interest of
the trust and to inform and get permission form the other trustees relating
to decisions affecting the trust.
B.7 Money Laundering
61. The provisions of the Prevention of Organised Crime Act 121 of 1998 state
that the 'proceeds of unlawful activities' means “any property or any service
advantage, benefit or reward which was derived, received or retained,
directly or indirectly, in the Republic or elsewhere, at any time before or
after the commencement of this Act, in connection with or as a result of any
unlawful activity carried on by any person, and includes any property
representing property so derived”.
62. The manner in which the Accused acted, as mentioned in paragraphs 29 to

33 and 50 to 54, falls within the ambit of the manner proscribed in sections
4, 5 and 6 of Prevention of Organised Crime Act 121 of 1998.
62.1. The funds comprising the R 7,500,000.00 from Optimum Mine

Rehabilitation to accused 3 and the R 100,000,000.00 from Koornfontein
Mine Rehabilitation to accused 4 constituted proceeds of unlawful activities
as defined under section 1 of the Prevention of Organised Crime Act 121
of 1998 since the funds were derived and received in connection with or as
result of unlawful activities, to wit offences of criminal contraventions of the
Regulations of the NEMA and Fraud.
62.2. Upon being paid over to accused 3 and accused 4, the money (property)
was then laundered and distributed through a scheme of transactions into
and through different bank accounts of accused 3, accused 4, and
accused 5.
Page 33 of 52
62.3. The abovementioned synopsis of the money originating with the mentioned
trust funds and the related transactions as described, indicates that the trust
funds were used to fund accused 3 and accused 5, through simulated
transactions, and/or that the trust fund monies effectively funded accused
3 and accused 5 through the various mechanisms mentioned above, being
accused 4, Koornfontein Rehabilitation Trust , accused 3 and/or Optimum
Mine Rehabilitation Trust and its controllers accused 1, accused 2 and
accused 6.
62.4. The manner in which the accused comingled the proceeds of unlawful
activity with lawful money and the transferring and movement of the monies
as mentioned in paragraphs 29 to 33 and 50 to 54 was likely to have the
effect or enabled the concealing or disguising the nature, source, location,
disposition or movement of the said property or the ownership thereof or
any interest which anyone might have had in respect thereof.
63. At all material times and places the accused persons acted as perpetrators
and/or accomplices or had a common purpose and acted together in order
to achieve that purpose, namely: To commit the offences embodied in the
preferred charge(s). All accused persons (individually) intended the
unlawful criminal outcome or foresaw - with reckless disregard its possible
realisation.
Page 34 of 52
C. CHARGES
The accused are guilty of the following offences:
OPTIMUM MINE REHABILITATION TRUST
COUNT 1 (In relation to accused 1; 2; 3 and 5 only)
FRAUD
(Read with provisions of sections 941, 952, 963, 994 and 1035 of Act 51 of 1977 and
further read with the provisions of section 51(2)(a)6 of the Criminal Law Amendment
Act 105 of 1997. Part II of Schedule 2 is applicable in that the amount is more that R
500,000.00 and that the accused acted in the execution and furtherance of a common
purpose involving an amount of more than R 100,000.00)
THAT the accused are guilty of the crime of FRAUD
IN THAT during or about May 2016 and at or near Sandton and/or Johannesburg in
the District of Johannesburg North and/or Johannesburg Central and within the area
of jurisdiction of this Honourable Court, the accused, acting in the furtherance of a
common purpose and with common intent, as set out in the preamble of the charge
sheet, unlawfully, falsely and with the intent to defraud misrepresented to Standard
Bank and/or its employees and that:
1
Charge may allege commission of offence on divers occasions
2
Rules applicable to particular charges
3
Naming of company, firm or partnership in charge
4
Charge relating to document sufficient if it refers to document by name
5
Charge alleging intent to defraud need not allege or prove such intent in respect of particular person or
mention owner of property or set forth details of deceit
6
Discretionary minimum sentences for certain serious offences
Page 35 of 52
1. they were lawfully entitled to request Standard Bank to transfer
R7,500,000.00 from the Optimum Mine Rehabilitation Trust account at
Standard Bank with account number 402274746 to the Optimum Mine PL
account held at Standard Bank with account number 364029; and/or
2. the Optimum Mine Rehabilitation Trust approved the transfer; and/or
3. Accused 1 have the authority to sign the letter dated 23 May 2016
requesting the transfer of R 7,500,00.00 on behalf of Accused 3; and/or
4. Accused 2 complied with her legal and fiduciary duties as trustee; and/or
5. Accused 3 was entitled to receive transfer of R7,500,000.00 from the
Optimum Mine Rehabilitation Trust account held at Standard Bank with
account number 402274746; and/or
6. the money would be used for rehabilitation work at Optimum Coal Mine.
to the prejudice or potential prejudice of the Department of Mineral Resources and/or

the department’s officials and/or the Standard Bank and/or Optimum Mine
Rehabilitation Trust and/or Optimum Mine Rehabilitation Trustees and/or external
auditors of Optimum Mine Rehabilitation Trust and/or the Business Rescue
Practitioners of Optimum Mine and did by means of one or more of the aforesaid false
representations, induce Standard Bank to
1. transfer R7,500,000.00 from the Optimum Mine Rehabilitation Trust account at

Standard Bank with account number 402274746 to the Optimum Mine PL account
held at Standard Bank with account number 364029.
WHEREAS in truth and in fact when the accused gave out and pretended as aforesaid
knew that:
1. they were not entitled to request Standard Bank to Transfer R7,500,000.00

from the Optimum Mine Rehabilitation Trust account at Standard Bank with
account number 402274746 to the Optimum Mine PL account held at
Standard Bank with account number 364029; and/or
2. the Optimum Mine Rehabilitation Trust did not approve the transfer; and/or
3. Accused 1 did not have the authority to sign the letter dated 23 May 2016
requesting the transfer of R 7,500,00.00 on behalf of Accused 3; and/or
Page 36 of 52
4. Accused 2 did not comply with her legal and fiduciary duties as trustee as
she failed to comply with her legal duty to place the matter before all trustees
and to decide any matter relating to the Optimum Mine Rehabilitation Trust
by way of a round robin procedure; and/or
5. Accused 3 had no entitlement to receive the transfer the amount of
R7,500,000.00 from the Optimum Mine Rehabilitation Trust account; and/or
6. the money would not be used for rehabilitation work at Optimum Coal Mine;
but rather the money would be used to pay creditors of Accused 3 and
Accused 5.
ALTERNATIVE TO COUNT 1: THEFT
(Read with provisions of sections 94, 95, 96 and 99 of Act 51 of 1977 and further read
with the provisions of section 51(2)(a) of the Criminal Law Amendment Act 105 of
1997. Part II of Schedule 2 is applicable in that the amount is more that R 500 000.00
and that the accused acted in the execution and furtherance of a common purpose
involving an amount of more than R 100 000.00)
THAT the accused are guilty of the crime of THEFT.
IN THAT during May 2016 and at or near Sandton and/or Johannesburg in the District
of Johannesburg North and/or Johannesburg Central and within the area of jurisdiction
of this Honourable Court, the accused, acting in the furtherance of a common purpose,
and with common intent, as set out in the preamble of the charge sheet unlawfully and
intentionally steal R 7,500,000.00, the property of or in the lawful possession of
Optimum Mine Rehabilitation Trust.
Page 37 of 52
Contravention of regulation 47 read with regulations 88, 99, 1110, 1811 and 1912 of the
Regulations pertaining to the financial Provisions for Prospecting, Exploration, Mining
or Production Operations, No. R.1147 dated 20 November 2015 and read with section
24P13 of the National Environmental Management Act, 107 of 1998.
of this Honourable Court, the accused acting in the furtherance of a common purpose,
and with common intent, as set out in the preamble of the indictment, Accused 3 and/or
Accused 5 as the holder of the right, unlawfully and intentionally, allowed and/or
transferred the amount of R 7,500,000.00 from the from the Optimum Mine
Rehabilitation Trust account at Standard Bank with account number 402274746 with
effect that there was not sufficient financial provision to guarantee the availability of
sufficient funds to undertake rehabilitation and remediation of the adverse
environmental impacts of prospecting, exploration, mining or production operations,
as contemplated in the National Environmental Management Act, 107 of 1998 and to
the satisfaction of the Minister responsible for mineral resources.
Penalty
Regulation 19 further provides for penalties and states that a holder of a right
convicted of an offence is liable to a fine not exceeding R10 million or to
imprisonment for a period not exceeding 10 years, or to both such fine or such
imprisonment.
7
Determination of financial provision
8
Financial vehicles used for financial provision
9
General requirements for financial provision
10
Review, assessment and adjustment of financial provision by the holder of a right or permit
11
Offences
12
Penalties
13
Financial provision for remediation of environmental damage
Page 38 of 52
Contravention of regulation 714 read with regulations 8, 9, 11, 18 and 19 of the
Regulations pertaining to the Financial Provisions for Prospecting, Exploration, Mining
or Production Operations, No. R.1147 dated 20 November 2015 and read with section
24P of National Environmental Management Act, 107 of 1998.
and with common intent, as set out in the preamble of the charge sheet, Accused 3
and/or Accused 5, as the holder of the right, unlawfully and intentionally, allowed
and/or transferred the amount of R 7,500,000.00 from the Optimum Mine
Rehabilitation Trust account at Standard Bank with account number 402274746 with
effect that the financial provision was not equal to the sum of the actual costs of
implementing the plans and report contemplated in regulation 6 and regulation 11(1)
for a period of at least 10 years forthwith.
Penalty
imprisonment.
14
Availability of financial provision
Page 39 of 52
COUNT 4 (In relation to accused 1, 2; 3 and 5 only)
MONEY LAUNDERING
THAT the accused are guilty of contravening section 415 read with sections 116, 7A17
and 818 of the Prevention of Organised Crime Act 121 of 1998
WHEREAS the accused knew or ought reasonably to have known that the
R 7,500,000.00 (property) was or formed part of the proceeds of unlawful activities, to
wit the crimes or contraventions of the law as mentioned in the above mentioned main
and alternative charges.
and with common intent, as set out in the preamble, wrongfully and unlawfully entered
into an agreement and/or engaged in any arrangement or/and transaction to wit:
1. the transfer of the amount of R 7,500,000.00 from the Optimum Mine
Rehabilitation Trust Fund account held at Standard Bank with account
number 402274746 to the Accused 5 PL account held at Standard Bank
with account number 364029;
2. the intermingle of the said money with the R9,500,000.00 from Accused 5
FNB account with account number 62117356990;
3. the payment of the amount of R26,412,794.33 to Klipbank Mining; and/or
4. the movement of money as mentioned in paragraphs 29 to 33 of the
preamble
whether such agreement, arrangement or transaction is legally enforceable or not;
and/or performed any other act in connection with the said property, as mentioned,
independently or in concert with each other as stated.
15
Money laundering
16
Definitions and interpretation of Act
17
Defence
18
Penalties
Page 40 of 52
Which had or was likely to have had the effect-
(i) of concealing or disguising the nature, source, location, disposition or

movement of the said property or the ownership thereof or any interest which
anyone may have had in respect thereof; and/or
(ii) of enabling or assisting any person who had committed or was committing an
offence, whether in the Republic or elsewhere, to wit the crimes or contraventions
of the law as mentioned in the above mentioned main of alternative charges -
(aa) to avoid prosecution; and/or
(bb) to remove or diminish any property acquired

directly, or indirectly, as a result of the commission
of an offence.
FIRST ALTERNATIVE TO COUNT 4

ACQUISITION, POSSESSION OR USE OF PROCEEDS OF UNLAWFUL
ACTIVITIES
THAT the accused are guilty of contravening section 619 of the Prevention of
Organised Crime Act 121 of 1998.
WHEREAS the accused knew or ought reasonably to have known that money in the
amount of R 7,500,000.00 was or formed part of the proceeds of unlawful activities, to
wit the crimes or contraventions of the law as mentioned in the above mentioned main
of alternative charges of another person to wit Accused 1 and/or Accused 2 and/or
Accused 3.
19
Acquisition, possession or use of proceeds of unlawful activities
Page 41 of 52
and with common intent, as set out in the preamble, wrongfully and unlawfully
acquired, used or had in his/her/their possession the said property, to wit
R 7,500,000.00.
Penalties Section 8 Act 121 of 1998

Any person convicted of an offence contemplated in section 4, 5 or 6 shall
be liable to a fine not exceeding R100 million, or to imprisonment for a period
not exceeding 30 years.
Page 42 of 52
KOORNFONTEIN MINES REHABILITATION TRUST
COUNT 5 (In relation to accused 1; 2; 4; 5; 6 and 7 only)
FRAUD
(Read with provisions of sections 94, 95, 96, 99 and 103 of Act 51 of 1977 and further
read with the provisions of Section 51(2)(a) of the Criminal Law Amendment Act 105
of 1997. Part II of Schedule 2 is applicable in that the amount is more that R 500
000.00 and that the accused acted in the execution and furtherance of a common
purpose involving an amount of more than R 100 000.00)
THAT the accused are guilty of the crime of FRAUD
IN THAT during the period May to June 2016 and at or near Sandton in the District of
Johannesburg North and within the area of jurisdiction of this Honourable Court, the
accused, acting in the furtherance of a common purpose, and with common intent, as
set out in the preamble, unlawfully, falsely and with the intent to defraud
misrepresented to Department of Mineral Resources and/or other departmental
officials and/or the Bank of Baroda and/or Koornfontein Rehabilitation Trust that:
1. There were no conditions attached for granting approval in principle to

access the funds held in the account of “Koornfontein Rehabilitation Trust”
(Trust No. IT 7563/07) to pay for concurrent rehabilitation of the mine; and/or
2. The funds would only be used for the rehabilitation of the Koornfontein Mine;
and/or
3. Approval had been granted by DMR without any conditions to access the
trust funds; and/or
4. The trustees of the Koornfontein Rehabilitation Trust agreed with the
transaction and the money will only be used for concurrent rehabilitation at
the mine; and/or
5. Accused 2 had complied with her legal duty as trustee; and/or
Page 43 of 52
6. They were acting in the best interest of Koornfontein Rehabilitation Trust;
and/or
7. Koornfontein Rehabilitation Trust had approved the transaction.
to the prejudice or potential prejudice of Department of Mineral Resources and/or the

department’s officials and/or the Bank of Baroda and/or Koornfontein Rehabilitation
Trust and/or Koornfontein Rehabilitation Trust beneficiaries and/or Koornfontein
Rehabilitation Trustees and by means of one or more of the aforesaid false
representations, induced Bank of Baroda to:
1. Sanction LABOD limit of ZAR 150,000,000.00 (South African Rand One

Hundred Fifty Million Only) to M/S. Koornfontein Mines against pledge
Pledge/Lien of Deposit with Bank worth ZAR 170,000,000.00 in the name
of M/s “Koornfontein Rehabilitation Trust” (Trust No. IT 7563/07)”; and/or
2. Transfer an amount of R 170,000,000.00 on 6 June 2016 with the
description “Fixed Deposit 03/649” to Bank of Baroda account
92020300000649; and/or
3. Disburse the loan in the amount of R100,000,000.00 against the
R170,000,000.00 deposit from the Koornfontein Rehabilitation Trust
Account with account number to 92020300000649 to the account in the
name of Koornfontein Mine held at the Bank of Baroda with account number
92020600000474 on 13 June 2016; and/or
4. Transfer the monies as stated in paragraphs 50.4, 51 and 53 of the
preamble.
WHEREAS in truth and in fact when the accused gave out and pretended as aforesaid
knew that:
1. There were conditions attached for granting approval in principle to access

the funds held in the account of “Koornfontein Rehabilitation Trust” (Trust
No. IT 7563/07) for concurrent rehabilitation of the mine; and/or
2. The funds would not to be used for the rehabilitation of the Koornfontein
Mine; and/or
Page 44 of 52
3. Approval had been granted by DMR subject to conditions to access the trust
funds; and/or
4. The trustees of the Koornfontein Rehabilitation Trust did not agree with the
transaction and the money will not be used for concurrent rehabilitation at
the mine; and/or
5. Accused 2 had not complied with her legal duty as trustee; and/or
6. They were not acting in the best interest of Koornfontein Rehabilitation
Trust; and/or
7. Koornfontein Rehabilitation Trust had not approved the transaction; and/or
8. The money would be used to pay creditors of Accused 4 and accused 5;
and/or
9. Accused 2, as a trustee of Koornfontein Rehabilitation Trust, did not comply
with her legal and fiduciary duties to ensure that the matter be place before
all trustees and that questions arising at Trustees meetings are decided by
unanimous vote by each of the Trustees personally present having one vote;
and/or
10. The money would be used for the benefit of Accused 4 and/or Accused 5.

Contravention of regulation 4 read with regulations 8, 9, 11, 18 and 19 of Regulations
pertaining to the Financial Provisions for Prospecting, Exploration, Mining or
Production Operations, No. R.1147 dated 20 November 2015 and read with section
24P of the National Environmental Management Act, 107 of 1998.
IN THAT on 6 June 2016 and at or near Sandton and/or Johannesburg in the District
and with common intent, as set out in the preamble, Accused 4 and/or Accused 5, as
the holder of the right, unlawfully and intentionally, allowed and/or transferred of the
amount of R 170 000 000.00 to Bank of Baroda account number 92020300000649
with effect that there was not sufficient financial provision to guarantee the availability
of sufficient funds to undertake rehabilitation and remediation of the adverse
environmental impacts of prospecting, exploration, mining or production operations,
Page 45 of 52
as contemplated in the National Environmental Management Act, 107 of 1998 and to
the satisfaction of the Minister responsible for mineral resources.
Penalty
imprisonment.

Contravention of regulation 7 read with regulations 8, 9, 11, 18 and 19 of Regulations
pertaining to the Financial Provisions for prospecting, Exploration, Mining or
Production Operations, No. R.1147 dated 20 November 2015 and read with section
24P of National Environmental Management Act, 107 of 1998.
IN THAT on 6 June 2016 and at or near Sandton in the District of Johannesburg North
and within the area of jurisdiction of this Honourable Court, the accused, acting in the
furtherance of a common purpose, and with common intent, as set out in the preamble,
Accused 4 and/or Accused 5, as the holder of the right, unlawfully and intentionally,
allowed and/or transferred the amount of R 170 000 000.00 to Bank of Baroda account
92020300000649 with effect that the financial provision was not equal to the sum of
the actual costs of implementing the plans and report contemplated in regulation 6
and regulation 11(1) for a period of at least 10 years forthwith.
Penalty
imprisonment.
Page 46 of 52
COUNT 8 (In relation to accused 1; 2; 4; 5 and 6 only)
MONEY LAUNDERING
THAT the accused are guilty of contravening section 4, read with sections 1, 7A and
8 of the Prevention of Organised Crime Act 121 of 1998
WHEREAS the accused knew or ought reasonably to have known that the property
[to wit R 100,000,000.00 as described in the preamble] was or formed part of the
proceeds of unlawful activities, to wit the crimes or contraventions of the law as
mentioned in the above mentioned main and alternative charges.
IN THAT during June 2016 and at or near Sandton in the District of Johannesburg
North and within the area of jurisdiction of this Honourable Court, the accused, acting
in the furtherance of a common purpose, and with common intent, as set out in the
preamble wrongfully and unlawfully entered into an agreement and/or engaged in any
arrangement or/and transaction to wit:
1. stating to the Bank of Baroda they had permission and then instructing the Bank of
Baroda to debit the Koornfontein Rehabilitation trust account with
R170,000,000.00 and to put the funds in term deposit for 12 months to be used for
the rehabilitation of Koornfontein Mine;
2. transferring the amount of R 170,000,000.00 on 6 June 2016 with the description
“Fixed Deposit 03/649” to Bank of Baroda account 92020300000649;
3. requesting to disburse the R100,000,000.00 loan and credit the amount of
R100,000,000.00 into the current account of Accused 4;
4. instructing Bank of Baroda Bank on 13 June 2016 to disbursed the loan in the
amount of R100,000,000.00 against the R170,000,000.00 deposited from the
Koornfontein Rehabilitation Trust Account with account number to
92020300000649 to the account in the name of Koornfontein Mine held at the Bank
of Baroda with account number 92020600000474;
5. transferring the R 100,000,000.00 on 13 June 2016 from the account of Accused
4 held at the Bank of Baroda with account number 92020600000474 to the account
of Accused 4 with account number 92020200000520 held at the Bank of Baroda
Bank;
Page 47 of 52
4 with account number 92020200000520 to the account of Accused 5 with account
number 92020200000042 held at the Bank of Baroda Bank;
5 with account number 92020200000042 held at the Bank of Baroda Bank to the
account held by of Accused 5 with account no: 20047920101 held at the State
Bank of India; and/or
8. the movement of money as mentioned in paragraphs 50 to 54 of the preamble.
whether such agreement, arrangement or transaction is legally enforceable or not;

and/or performed any other act in connection with the said property, as mentioned,
independently or in concert with each other as stated.
Which had or was likely to have had the effect-
(i) of concealing or disguising the nature, source, location, disposition or

movement of the said property or the ownership thereof or any interest which
anyone may have in respect thereof; and/or
(ii) of enabling or assisting any person who had committed or committed an

offence, whether in the Republic or elsewhere, to wit the crimes or contraventions
of the law as mentioned in the above mentioned main of alternative charges -
(aa) to avoid prosecution; and/or
(bb) to remove or diminish any property acquired

directly, or indirectly, as a result of the commission
of an offence.
Page 48 of 52
ASSISTING ANOTHER TO BENEFIT FROM PROCEEDS OF UNLAWFUL

ACTIVITIES
THAT the accused are guilty of contravening section 5 read with sections 1, 7A and 8
of the Prevention of Organised Crime Act 121 of 1998.
WHEREAS the accused knew or ought reasonably to have known that the money, R
100,000,000.00 was or formed part of the proceeds of unlawful activities, to wit the
crimes or contraventions of the law as mentioned in the above mentioned main or
alternative charges of another person to wit Accused 1, 2, 4 and/or 5.
IN THAT during May 2016 and at or near Sandton in the District of Johannesburg
preamble, wrongfully and unlawfully entered into an agreement with each other or
engaged in an arrangement or transaction with each other, as described in the
preamble whereby -
(a) the retention or the control by or on behalf of Accused 1, 2, 4 or 5 relating to
the R100 million, the proceeds of unlawful activities, is facilitated; or
(b) R 100 million, the said proceeds of unlawful activities, were used to make funds
available to Accused 1, 2, 4 or 5 or to acquire property on their behalf or to benefit
them.
SECOND ALTERNATIVE TO COUNT 8
ACQUISITION, POSSESSION OR USE OF PROCEEDS OF UNLAWFUL

ACTIVITIES
THAT the accused are guilty of contravening section 6 of the Prevention of Organised
Crime Act 121 of 1998
Page 49 of 52
WHEREAS the accused knew or ought reasonably to have known that the money, R
100,000,000.00 was or formed part of the proceeds of unlawful activities, to wit the
crimes or contraventions of the law as mentioned in the above mentioned main or
alternative charges of another person to wit Accused 1, 2, 4 and/or 5.
IN THAT during May 2016 and at or near Sandton in the District of Johannesburg
preamble, wrongfully and unlawfully acquired, used or had in his/her/their possession
the said property, to wit R 100,000,000.00.
Penalties Section 8 Act 121 of 1998

Any person convicted of an offence contemplated in section 4, 5 or 6 shall
be liable to a fine not exceeding R100 million, or to imprisonment for a period
not exceeding 30 years.
COUNT 9 (In relation to accused 7 only)
FORGERY
IN THAT during May 2016 and at or near Pretoria in the District of Pretoria and within
the area of jurisdiction of the Gauteng Division, Pretoria , the accused, as set out in
the preamble of the charge sheet, unlawfully, falsely and with intent thereby to defraud,
and to the prejudice or potential prejudice of the Department of Mineral Resources
and/or the departments officials and/or the Bank of Baroda and/or Koornfontein
Rehabilitation Trust, forged an instrument in writing, to wit, the letter to Tegeta by
Deputy Director General of the DMR dated 5 May 2016 as mentioned in paragraph 44
of the preamble by not stating the conditions as per a-c.
Page 50 of 52
COUNT 10 (In relation to accused 1, 5 and 7 only)
UTTERING
IN THAT during May 2016 and at or near Pretoria in the District of Pretoria and within
the area of jurisdiction of the Gauteng Division, Pretoria , the accused, as set out in
the preamble of the charge sheet, unlawfully, falsely and with the intent to defraud,
and to the prejudice, actual or potential of the Department of Mineral Resources and/or
the departments officials and/or the Bank of Baroda and/or Koornfontein Rehabilitation
Trust offer, utter and pass off a document, or an instrument in writing, to wit the letter
to Tegeta by Deputy Director General of the DMR dated 5 May 2016 as mentioned in
paragraph 44 in the preamble, to the Bank of Baroda, while the accused, when he so
offered, uttered, and passed off the aforesaid instrument, well knew it to be forged.
COUNT 11 (In relation to accused 2 only)
Perjury
THAT the accused is guilty of the crime of PERJURY
IN THAT on or about 4 April 2018 and at or near Sandton in the District of Johannesburg
North and within the area of jurisdiction of this Honourable Court, the accused well
knew that this was not the truth, stated in an affidavit filed in Asset Forfeiture proceedings
in Case Number 14775/2018 held in the High Court Gauteng North Division, Pretoria,
In paragraph 26.3.1 that “The money was required for the business rescue practitioners,
who were then operating Optimum Coal Mine (and did so until August 2016), to make
payment to the rehabilitation contractor for rehabilitation work carried out at the mine.”
And in paragraph 26.5.3 that “Koornfontein Mines obtained a loan from the Bank of
Baroda, to be used to effect rehabilitation work, for an approximate amount of R150
million, which was sanctioned against the provision of security in the form of part of
the deposit held by the Bank on behalf of the Koornfontein Trust. In the end, only R100
million was disbursed by the Bank of Baroda”.
Page 51 of 52
CONTRAVENTION OF SECTION 9 OF THE JUSTICES OF THE PEACE AND
COMMISSIONERS OF OATHS ACT 16 OF 1963
THAT the accused is guilty of the crime of contravening the provisions of section 9 read
with Section 1, 5, 6, and 7 of the Justice of the Peace and Commissioners of Oaths Act
16 of 1963.
IN THAT on or about 4 April 2018 and at or near Sandton in the District of Johannesburg
North and within the area of jurisdiction of this Honourable Court she, being a person
to whom an oath has been administered did unlawfully and wilfully and falsely state in an
affidavit filed in Asset Forfeiture proceedings in Case Number 14775/2018 held in the
High Court Gauteng Division, Pretoria,
In paragraph 26.3.1 that “The money was required for the business rescue practitioners,
who were then operating Optimum Coal Mine (and did so until August 2016), to make
payment to the rehabilitation contractor for rehabilitation work carried out at the mine.”
And in paragraph 26.5.3 that “Koornfontein Mines obtained a loan from the Bank of
Baroda, to be used to effect rehabilitation work, for an approximate amount of R150
million, which was sanctioned against the provision of security in the form of part of
the deposit held by the Bank on behalf of the Koornfontein Trust. In the end, only R100
million was disbursed by the Bank of Baroda”.
Page 52 of 52

S V R Ragavan and Others Charge Sheet Eskom Rehab DD 24-5-2022

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S V R Ragavan and Others Charge Sheet Eskom Rehab DD 24-5-2022

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IN THE MAGISTRATE’S COURT FOR THE DISTRICT OF RANDBURG,

Ronica Ragavan Accused No 1

Pushpaveni Ugeshni Govender Accused No 2

Optimum Mine (Pty) Ltd Accused No 3

Koornfontein Mines (Pty) Ltd Accused No 4

Tegeta Exploration and Resources (Pty) Ltd Accused No 5

Ravindra Nath Accused No 6

Maleatlana Joel Raphela Accused No 7

1. Ronica Ragavan (hereinafter referred to as “accused 1”)

2. Pushpaveni Ugeshni Govender (hereinafter referred to as “accused 2”)

3. Optimum Coal Mine (Pty) Ltd (hereinafter referred to as “accused 3”)

4. Koornfontein Mines (Pty) Ltd (hereinafter referred to as “accused 4”)

5. Tegeta Exploration and Resources (Pty) Ltd (hereinafter referred to as

6. Ravindra Nath (hereinafter referred to as “accused 6”)

7. Maleatlana Joel Raphela (hereinafter referred to as “accused 7”)

are guilty of the following offences:

OPTIMUM MINE REHABILITATION TRUST

1. COUNT 1: (In relation to accused 1; 2; 3 and 5 only)

1.2. FIRST ALTERNATIVE TO COUNT 1

2. COUNT 2: (In relation to accused 1; 2; 3 and 5 only)

3. COUNT 3: (In relation to accused 1; 2; 3 and 5 only)

3.1. Contravention of regulation 7 read with regulations 1, 8, 9, 11, 18 and 19 of

4. COUNT 4: (In relation to accused 1; 2; 3 and 5 only)

4.1. MONEY LAUNDERING - Contravening section 4 read with sections 1, 7A

4.2. FIRST ALTERNATIVE TO COUNT 4 - ACQUISITION, POSSESSION OR

KOORNFONTEIN REHABILITATION TRUST

5. COUNT 5: (In relation to accused 1; 2; 4; 5; 6 and 7 only)

6. COUNT 6: (In relation to accused 1; 2; 4; 5; 6 and 7 only)

7. COUNT 7: (In relation to accused 1; 2; 4; 5; 6 and 7 only)

7.1. Contravention of regulation 7 read with regulations 1, 8, 9, 11, 18 and 19 of

8. COUNT 8: (In relation to accused 1; 2; 4; 5 and 6 only)

8.1. MONEY LAUNDERING - Contravening Section 4 read with sections 1, 7A

8.2. FIRST ALTERNATIVE TO COUNT 8 - ASSISTING ANOTHER TO BENEFIT

8.3. SECOND ALTERNATIVE TO COUNT 8 - ACQUISITION, POSSESSION OR

9. COUNT 9: (In relation to accused 7 only)

11. COUNT 11: (In relation to accused 2 only)

11.2. FIRST ALTERNATIVE TO COUNT 11 – Contravening section 9 of the

A. THE MAIN ROLE-PLAYERS

1. Accused 1 in her personal capacity and as a director of accused 4 and 5.

2. Accused 2 in her personal capacity, she was a director of accused 3 from

3. Accused 6 in his personal capacity, he is a director of accused 5 as from

4. Accused 7 in his personal capacity and as the Deputy Director General:

5. The Department of Mineral Resources (DMR) is a department of the

6. The Mineral and Petroleum Resources Development Act, 28 of 2002

7. Accused 3, situated south of Middelburg, Mpumalanga, was owned by

8. From April 2011 onwards, accused 3 experienced difficulties in providing

B.2 Ownership transfer of OCH from Glencore to Accused 5

10. On or about 10 December 2015 Oakbay Investments (Pty) Ltd (Oakbay)

11.2. Koornfontein – a Call Account with Rand Merchant Bank: R212,121,768.49

14.1. A consent form (with reference MP30/5/1/2/421PR, 272PR, 1175PR

B.3 Applicable Legislation

Mineral and Petroleum Resources Development Act, 28 of 2002

16. Section 41 of the MPRDA, read with regulations 53 and 54 of the

National Environmental Management Act, 107 of 1998

17. The Financial Provision for Rehabilitation is regulated by the National

18. NEMA, was assented to on 19 November 1998. The purpose of NEMA is

20. On 20 November 2015 the Regulations pertaining to the Financial

22. The Regulations outline the manner in which financial provision is to be

23. Regulation 4 in Chapter 2 under the heading “Financial Provision” deals

27. Regulation 11 deals with the review, assessment and adjustment of

B.4 Optimum Mine Rehabilitation Trust

28. Deed of Trust for the Establishment of the Optimum Mine

28.2. On 26 April 2016 a letter of Authority of the Optimum Mine Rehabilitation