The Supreme Court of Appeal (SCA) has dismissed a bid to challenge a high court decision to grant the National Prosecuting Authority (NPA) a preservation order over the Optimum Coal Mine and Terminal, which is scuppering the sale of the mine to a former Gupta associate.
In March 2022, the High Court in Pretoria issued a preservation order over Optimum in terms of the Prevention of Organised Crime Act (POCA) and appointed a curator to oversee the property. The order prevents Optimum from being sold as part of a sales deal that was almost concluded.
The mine has found itself at the centre of state capture allegations after it was acquired by the notorious Gupta brothers, with the help of Eskom, in 2015.