OPINION
Writer: Advocate Ouma Rabaji-Rasethaba Images GCIS
Eating the state
capture elephant one bite at a time
T
he National Prosecut-
bring back the money stolen
having been bought with the
OCM business. The second
ing Authority (NPA)
and looted during the state
proceeds of criminal activity.
pertains to a claim of R1.3
has made a signifi-
capture years.
A curator has been ap-
billion from Templar Capital
cant breakthrough in the on-
The Gauteng High Court
pointed by the court to
Limited in relation to OCM.
going effort to end impunity
granted preservation orders
provide a proper valuation of
for high-level corruption in
to the Asset Forfeiture Unit
OCM. The curator will also
application, Templar’s owner,
South Africa.
(AFU) of the NPA against
find a purchaser at fair value
Daniel McGowan, had stat-
The preservation orders
those who, in 2016, were
– which is good news for all
ed under oath that the funds
in the Optimum Coal Mine
involved in 'financing' the
the people who have been
advanced to his company
case are a demonstration
purchase of Optimum Coal
concerned about the fate of
derived from 'money stolen
that the wheels of justice in
Mine (OCM) for R2.1 billion
the mine, and the commu-
from the South African gov-
relation to complex crime
by the Gupta-owned Tegeta
nity in which it is situated.
ernment'.
are starting to turn in mean-
Resources.
In respect of the second
The funds in question
A mammoth heist
were advanced by Griffin
issued in terms of section 38
The scale of the 'heist' at
Line - a company nominally
strates the multifaceted na-
(2) of the Prevention of Or-
OCM is unprecedented, as
controlled by Ajay Gupta’s
ture of the NPA’s response to
ganised Crime Act (POCA)
demonstrated by the size of
son, Kamal Singhala – and,
complex corruption matters,
– effectively prevents any
the preservation orders; at
in Mr McGowan’s words,
which includes civil process-
further steps to remove or
least R3.4 billion. This is the
'laundered via Mr Singhala
es to preserve assets with
dispose of the OCM assets,
largest preservation order in
on behalf of his father and
the ultimate aim being to
as they are now regarded as
the history of the NPA.
wider family members'.
ingful ways. The case also demon-
The preservation orders –
The NPA developed a well-
These funds were, in ef-
coordinated case strategy
fect, part of the elaborate
that was implemented by a
'washing machine' used by
team of expert prosecutors,
the Gupta family and their
who successfully brought
associates to launder billions
two applications.
of Rands of money stolen
The first pertains to all the
from the people of South
Gupta-owned Tegeta shares
Africa, to fund the purchase
in OCM and Optimum Coal
of OCM.
Terminal, and the entire
22
Public Sector Manager • May 2022
