Court orders Gupta-linked businessman Kuben Moodley not to handle R232m in assets

DURBAN, SOUTH AFRICA - JUNE 23, Kuben Moodley during day 2 of the MTN SuperSport Shootout at Zimbali Coastal Resort on June 23, 2012 in Durban, South Africa Photo by Anesh Debiky / Gallo Images

Kubentheran Moodley and his company Albatime have been restrained from handling assets worth up to R232m.

This is the amount the National Prosecuting Authority’s Investigating Directorate (ID) alleges Moodley and his company received as kickbacks from the Regiments Group of Companies relating to contracts that were improperly awarded by Transnet and by the Transnet Second Defined Benefit Fund (TSDBF).

The directorate alleges that these payments were made solely as a reward for their unlawful involvement in a corrupt scheme to benefit personal interests at the expense of the public purse.

The Sunday Times reported in January that these payments were made to Albatime in less than a year.

It said Albatime, little more than an office in Rivonia without a website, was found by former public protector Thuli Madonsela to have helped the Guptas buy the Optimum coal mine.

The report said Moodley’s company sent at least 44 invoices to Regiments Capital for work ostensibly done for Transnet, from which Regiments unlawfully scored hundreds of millions of rand.

Directorate spokesperson Sindisiwe Twala said the high court in Johannesburg ruled on an urgent application brought on June 10 by the ID to compel Moodley to hand over his assets. The order was made on Friday.

The NPA said Moodley is barred from using or disposing of assets valued in excess of R232m held in and outside South Africa.

Moodley is expected to surrender the property to a court-appointed curator.

Twala said the directorate’s head, Hermione Cronje, made out a case for an urgent restraint order on the basis that the state capture commission had released about R20m worth of liquid assets held in safety deposit boxes into Moodley’s custody on June 10 this year.

The commission had seized the contents of the safety deposit boxes more than a year ago.

Judge Shanaaz Mia ruled that Moodley was to comply with the order.

“This order shall be executed under the supervision of the curator bonis. Representatives of (Moodley) may accompany the curator bonis to represent the applicants’ interest in the execution of this order,” the judge said.

The assets will be held by curator Mike Stewart of Bombani Liquidators and Trustees, who was appointed by the master of the high court in Johannesburg.