Special Investigating Unit orders Optimum Coal Mine to pay R6.9m in licence fees

An entrance to the Optimum coal mine near Hendrina in Mpumalanga. Photo: Siphiwe Sibeko/Reuters

An entrance to the Optimum coal mine near Hendrina in Mpumalanga. Photo: Siphiwe Sibeko/Reuters

Published Jun 13, 2023

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Johannesburg - The Special Investigating Unit (SIU) has ordered Optimum Coal Mine to pay back R6.9 million after failing to pay motor licensing fees and penalties.

The Acknowledgement of Debt (AoD) agreement between the mine and the SIU emanates from a probe by the investigating unit under Proclamation R.37 of 2017, which authorised the unit to investigate allegations of corruption and maladministration in the affairs of the National and Provincial Departments of Transport.

The two parties signed an agreement that Optimum would pay back the money in six instalments. This relates to unpaid motor licensing fees and penalties incurred between January 2018 and November 2022.

The non-payment of motor licensing fees is a contravention of Regulation 18 of the National Road Traffic Act of 1996.

However, the SIU stated that the signing of the AoD does not exempt other legal processes from being actioned.

According to the unit, it obtained information from the Department of Transport and Road Traffic Management Centre as well as eNatis data about the number of vehicles the company owns.

“After sifting through eNatis data, the SIU has determined that the department is owed the sum of 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,” it said.

The SIU further said its investigation was focused on any conduct by officials or agents of the department or any other person related to the registration of motor vehicle ownership and/or licensing details and non-payments of motor vehicle licensing fees, arrears, and penalties.

It indicated that it 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.

In line with the Special Investigating Unit and Special Tribunals Act 74 of 1996, the SIU referred any evidence pointing to criminal conduct to the National Prosecuting Authority (NPA) for further action.

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