Court denies plea to pardon state capture accused

Picture of Faizel Patel

By Faizel Patel

Senior Journalist


They face 11 charges including fraud, money laundering, forgery, uttering and perjury.


An application by the lawyers of high-profile individuals seeking pardons on state capture allegations has been dismissed.

Former deputy director-general of the then department of mineral resources Joel Raphela, as well as Ronica Ragavan, Pushpaveni Govender and entities linked to the Gupta family – Optimum Coal Mine, Koornfontein Mines and Tegeta Exploration and Resources appeared in the Johannesburg High Court on Monday.

Charges

They face 11 charges including fraud and contravention of Regulation 4 of the Mineral and Petroleum Resources Development Act, money laundering, forgery, uttering and perjury.

Spokesperson for the National Prosecuting Authority (NPA) Investigating Directorate Against Corruption (IDAC) Henry Mamothame said all the individuals are linked to a corruption case involving mine rehabilitation.

“The court also ruled in favour of IDAC’s granting leave to amend the indictment on certain charges against the accused.

“This development follows the closure of the state’s case. The defence’s application was brought thereafter. The matter has been postponed to 25 May, 2026 and is set down until 12 June, 2026, during which period the defence is expected to call its witnesses,” Mamothame said.

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Fraud  

Mamothame said all the accused have pleaded not guilty to all charges.

Their court appearance stemmed from the alleged fraud associated with the rehabilitation of the Koornfontein mine.

Ragavan was then the director and Govender was a trustee.

In December 2015, Oakbay Investments entered into a sale of shares and claims agreement with Glencore for the acquisition of shares in Optimum and Koornfontein mines.

Sale agreement

The agreement was for Tegeta to take control of the Optimum Mine Rehabilitation Trust and the Koornfontein Rehabilitation Trust.

On 8 April, 2016, the sale agreements were deemed to have been fulfilled, resulting in the department giving consent in terms of the regulations, for the disposal of 100% control of Optimum and Koornfontein to Tegeta.

Mamothame said the Coal Supply Agreement was supposed to continue until December 2018.

“Millions were reportedly embezzled,” he said.

Abandoned mines

According to Auditor-General Tsakani Maluleke’s report, released in 2023, there were 6 100 abandoned mines and 1 170 mine openings nationwide.

Maluleke urged government to speed up rehabilitation of the abandoned mines, as they posed health, safety and environmental hazards for nearby communities.

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