The group has filed two claims in the Mpumalanga High Court accusing Kego of illegally extracting more than 900,000 tons of coal from its site between April last year and March this year.
It is asking the court to award it more than R600 million in damages.
The coal was allegedly mined unlawfully while Optimum Coal Mine was subject to a preservation order granted to the National Director of Public Prosecutions in March 2022, in terms of the Prevention of Organised Crime Act. Optimum Coal used to be owned by the Guptas before it was placed in business rescue.
Last week, Kego claimed it had done nothing illegal and had at all times been mining under contract with the lawful owners of the mining rights.
It further claimed that Woestalleen Holdings, currently in business rescue, was the initial holder of the mining right and that the right later vested in Balmoral under Section 11 of the Mineral and Petroleum Resources Development.
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