Judge Muller dismissed Onelink’s application with costs, last Thursday, to stop a preservation order brought by the National Director of Public Prosecutions (NDPP).
The order from the Limpopo Division of the High Court in Polokwane, was to stop the company’s unlawful chrome and Platinum Group Metals plant (PGMs), in Steelpoort.
The processing plant is valued at an estimated R202 million.
It has about 150,000 tons of mineral stockpiles and processing machinery located at the Universal Chrome Minerals (Pty) Ltd washplant in Steelpoort.
But the plant is believed to have emanated from a social responsibility project, known as Phabema Enterprise, established by Samancor’s Social and Labour Plan (SLP), to manufacture bricks for local women and young people.
The project was provided with de-watered waste rock on condition that it contained no chrome and was used solely for aggregate and brickmaking purposes.
But the waste rock was unlawfully crushed and screened before being transported to the Universal Chrome washplant in Steelpoort, for the recovery and enrichment of chrome and PGMs.
The processed minerals were allegedly transported through the Port of Maputo in Mozambique for export.
Investigations established that no authorisation was granted for the processing or sale of the chrome or PGMs.
The NPA said the preservation order followed an investigation by the police in the Burgersfort, who later seized the property in August this year.
Following the order, Onelink Investment (Pty) Ltd launched an urgent application for reconsideration of the order, claiming to be an innocent owner in terms of section 52 of POCA.
Advocate Ivy Thenga, Director of Public Prosecutions in Limpopo, said “One cannot steal water and minerals under the guise of a community project and export them via Mozambique. The Asset Forfeiture Unit will pursue the forfeiture of the minerals and the plant. This matter also sends a clear message that claims of innocent ownership will be rigorously tested. The Asset Forfeiture Unit’s forfeiture application will follow in due course.”
The plant is also in contravention of the National Water Act 36 of 1998.
Joint environmental inspections at the Universal Chrome premises further revealed alleged unlawful water use and environmental contraventions.
Investigators allege that the washplant operated without a Water Use Licence, unlawfully abstracted water, disposed of sludge in an unlined pit and stored heavy minerals in an area without appropriate containment.
Picture: Supplied