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Optimum Coal Mine has signed an Acknowledgement of Debt with the Special Investigating Unit (SIU) and agreed to pay back approximately R6.9 million in unpaid motor licensing fees and penalties.
This covers the period between January 2018 and November 2022. The non-payment of motor licensing fees contravenes the National Road Traffic Act, the state's anti-corruption, forensic investigation and litigation agency said in a statement issued on Tuesday.
Optimum has been in business rescue since 2018 and is now also subject to a preservation order which was obtained by the National Prosecuting Authority (NPA) last year. The NPA has since moved for an order to have the mine's assets forfeited to the state.
Optimum's Business Rescue Practitioners confirmed to News24 that an agreement had been reached to pay outstanding licensing fees "for vehicles that have been earmarked to be scrapped by the mine".
The Acknowledgement of Debt emanates from the SIU’s investigation into allegations of corruption and maladministration in the affairs of the national and provincial departments of transport.
The probe focused on any conduct by officials or agents of the department or any other person which relate to the registration of motor vehicle ownership 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 and determined that the department is owed R6.91 million 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 R1.15 million, the last of which will be paid in August this year.
"The signing of the Acknowledgment of Debt does not exempt other legal processes from being actioned," the unit said. "The SIU is empowered to institute 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 Tribunals Act, the SIU may refer any evidence pointing to criminal conduct to the NPA for further action.
