The Special Investigating Unit (SIU) said yesterday that Optimum Coal Mine had signed an acknowledgement of debt (AoD) with it to pay back R6.9 million in unpaid motor licensing fees and penalties to the Department of Roads and Transport.
In a statement, the SIU said the payment would be paid in six instalments. It said the non-payment of motor licensing fees was a contravention of Regulation 18 of the National Road Traffic Act of 1996.
The SIU said the unpaid motor licensing fees and penalties occurred between January 2018 and November 2022.
The mine, which was once owned by the Gupta family, went into business rescue in February 2018 after the Guptas fled the country to Dubai.
According to SIU spokesperson Kaizer Kganyago, the AoD agreement emanated from the SIU’s investigation under Proclamation R.37 of 2017, which authorised the SIU to investigate allegations of corruption and maladministration in the affairs of the national and provincial departments of transport.
“The SIU’s investigation focused on any conduct by officials or agents of the department or any other person which relate to the registration of motor vehicle ownership and/or licensing details and non-payments of motor vehicle licensing fees, arrears and penalties.
“The SIU analysed the information obtained from the Department of Transport and Road Traffic Management Centre as well as eNatis data,” he said.
The SIU said that after sifting through eNatis data the SIU had determined that the department was owed R6 914 304.52 in respect of the trucks and smaller vehicles owned by Optimum.
“The SIU then wrote a letter of demand to Optimum to pay the licensing fees, arrears, and accumulated penalties on those vehicles. Optimum will pay the debt in six equal instalments of R1 152 384.09.
“The last payment will be in August 2023. The signing of the AoD does not exempt other legal processes from being actioned.
“The SIU is empowered to institute a civil action in the High Court or a Special Tribunal in its name, to correct any wrongdoing uncovered during its investigations caused by acts of corruption, fraud, or maladministration,” it said.
Moneyweb reported a week ago that the Durban High Court had dismissed Optimum Coal’s case to be granted access to its export entitlement through the Richards Bay Coal Terminal.
The terminal operator suspended Optimum from exporting coal in January on the grounds that it was in default and argued that it may suffer reputational risk if it is subsequently found that lifting Optimum’s export entitlement was part of some ‘grander scheme‘ to launder money.
BUSINESS REPORT