MEDIA STATEMENT

NDEBELE WELCOMES STATES APPLICATION TO REVIEW SENTENCE

The days of corrupt vehicle test station owners and staff in KwaZulu-Natal are certainly numbered as the State is now even ensuring that sentences meted out to these criminals are reviewed.

The State was granted leave to apply for an increase in the sentence imposed on Roychund Ramdeo, of Phoenix, who pleaded guilty to four counts of fraudulently issuing roadworthy certificates for vehicles he had not examined. The certificates were issued at the Phoenix Test Station, in Durban, in November 2001 and April 2002. 

A magistrate imposed a suspended sentence of five years imprisonment on condition that he is not again convicted of fraud and that he paid R5 000 to the SA Revenue Service before March 31. Advocate lan Cooke submitted it was apparent that the magistrate who sentenced Ramdeo had underestimated the gravity of the crimes and the substantial danger his actions constituted to the general public. It was submitted that the sentence was so lenient it induced a sense of shock.

KwaZulu-Natal MEC for Transport Mr. S'bu Ndebele has welcomed this move adding that it would help send a loud and clear message to fraudsters. "When I took over the provincial transport portfolio in 1994, I vowed to clamp down on fraud and corruption relating to vehicle and driving licence test centres. To date, people ranging from clerks to test station owners, traffic officers and owners of driving schools have been arrested on charges relating to fraud, corruption, bribery, and conspiracy to commit a crime," Ndebele said.

The following are but a few of the successes since 1994:

• Conviction of an employee from the Pinetown Provincial office for fraud totalling R800 000 with R600 000 being recovered.

• Conviction of and prison sentences imposed on two local authority staff at Dundee and Port Shepstone with a 3-year and 2-year sentence respectively. Amounts involved were R50 000 and R30 000 respectively.

• Three staff from the Pietermaritzburg Motor Licensing Bureau successfully dismissed as a result of fraud ranging from R20 000 to R250 000, totalling R360 000.

• Four Durban Motor licensing Bureau staff suspended, of which three have been dismissed for fraud totalling over R800 000.

• An Ixopo registering authority staff member had their services terminated for fraud amounting to approximately R220 000.

• A tare weight fraud scam totalling in excess of R5 million has also been uncovered and is being investigated. A Proclamation has been issued, which empowers the Special Investigation Unit to prosecute offenders.

• Subsequent to internal disciplinary hearings, two officials from the Durban and Newcastle Motor Licensing Bureaus were dismissed for tampering with the NaTIS.

• During 1999 MEC Ndebele ordered the closure of the Umlazi Registration and Licensing Office when it was found that a number of stolen vehicles were illegally introduced onto the National Traffic Information System (NaTIS) at this office.

KZN Transport Department's Motor Licensing Bureau (MLB) took over the administrative function of Vehicle Testing Stations in June 2002. This industry consisted of 72 Testing Stations in KZN comprising of 52 private and 20 public stations.

Upon taking over this function an intense "clean-up" operation was embarked upon. In this regard, GAP TESTING AND ROADWORTHY CC Test Station in Durban, probably the most corrupt Test Station in KZN was successfully stopped from operating in December 2002. This was a long and arduous process, which required intense investigations followed by a lengthy litigation process. In this instance as per case no. 1961/02 heard in the Natal Provincial Division of the High Court of South Africa, the Honourable Judge Presiding, Hurt J handed down judgment in favour of the Department on 03/12/2002, wherein he dismissed the application made by the applicants being two motor vehicle examiners and GAP TESTING AND ROADWORTHY CC, with costs. This case has been hailed as a landmark case in the battle to rid the country of corruption at vehicle testing stations that contribute largely to the carnage on our roads and as well as to curb the endemic proportions of white collar crimes rampant in this industry.

In about August 2002, a vehicle which was completely un-roadworthy, collided with three road runners in the Pinetown area, of which two were killed and one seriously injured. This particular vehicle obtained a Certificate of Roadworthiness (CRW) from GAP TESTING AND ROADWORTHY CC.

The KZN Transport Department is looking for a collective solution to these problems. We are streets ahead of other departments in the search for a successful system, as well as in many other projects undertaken by the department. We therefore call on all members of staff and the public to come forward with any information in this regard. We are determined to rid the department of any form of corruption.