These were the blunt words used by Minister Robin Carlisle, MEC for Transport and Public Works, on Tuesday morning before he personally shut down TJ’s Motor Vehicle Testing Station in George.
TJ’s owner, Eugene Labuschagne tested and issued a certificate on 14 April for the bus in which 14 pupils from Rheenendal and their bus driver died. They were killed on 24 August when their bus plunged into the Kasat-drift River.
An inspector from the Western Cape Department of Transport and Public Works’ Compliance Monitoring Unit and head of the investigation team, Chrisfred Naude, suspects that Labuschagne tested and certified the bus in question as roadworthy whilst it was not in a roadworthy condition.
Bus owner may also be charged
Naude laid a charge of corruption against Labuschagne at George Police Station on behalf of the department. The docket has been transferred to the Commercial Crimes Unit.
On a question if the owner of the bus company African Express, Praveen Singh, would also be charged, Carlisle said he cannot see how it could be avoided as Singh must have known.
The department also confiscated all TJ’s Testing Station’s records.
Carlisle said he was in possession of two affidavits from members of the departmental investigating team evidencing to alleged criminal activity by Labuschagne in his capacity as proprietor and examiner of vehicles at TJ’s.
"Vehicle testing stations are central to the chain of compliance that should ensure that all vehicles on our roads are safe. If these stations issue fraudulent roadworthy certificates, then that chain of safety snaps - too often only to be found out when there is a terrible crash that kills more innocents. Therefore, when we do uncover malpractice we must deal with it as harshly as possible. This the Ministry of Transport and Public Works in the Western Cape will do and we hope the criminal justice system will support us. The slaughter of innocents on our roads must be stopped."
Stories changed
Carlisle said when Naude asked who brought the bus in for the alleged roadworthy test, Labuschagne and his cashier, a Ms Erasmus repeatedly changed their stories. Both at first said it was Singh who presented the vehicle for the test. Later, however, when Singh was also present at the station, Singh said he could not recall who had brought the bus in, as it could have been any of his (Singh’s) employees.
When the application and the signature on the application were shown to Singh, he denied that it was his handwriting and that he had signed the application. Carlisle said Labuschagne and Erasmus were then confronted again, after which they changed their stories, saying they could not remember who the person was who presented the vehicle.
Labuschagne to ‘appeal’
A notably shocked Labuschagne described the department’s action as unfair, saying his innocent.
"I am shocked but have contacted my lawyers and will appeal. When I saw the bus it was roadworthy. I can’t accept responsibility for a bus I tested four months ago and then it was roadworthy. I did my work and I did it right," he said.
Labuschagne was given 14 days to indicate why the testing station’s registration should not be suspended or cancelled.
Provincial traffic officers have in the last few weeks tested 89 buses of which 13 were suspended. Five of these suspended buses belonged to Singh. Buses transporting school children must, according to amendments to the tender conditions, be tested every six months. Discussions are taking place on whether stricter law enforcement can be effected to address the issue of corrupt testing stations.
Three private centres
George has three private testing stations, TJ’s and Safe Drive, who are Grade A testing stations that are allowed to test heavy duty vehicles, and Dekra, a Grade B testing station, that is allowed to test only light vehicles. The municipal testing station has been closed two years ago after allegations of corruption.
Deadly defects on the bus
The team of investigators from the Department of Transport and Public Works identified some deadly defects which they believe could not have developed in the last few months since the bus was tested at the TJ’s testing centre in April.
These include excessive play on the gear lever, making it difficult for gear selection, a faulty braking system, right rear brake booster and booster bracket bent. Also, the vehicle load sensing valve was bypassed and the bus body cross members were cracked.
"Only on his fifth attempt was a team member able to select the first or reverse gears," said Robin Carlisle, the Transport minister.
"Upon removal of the engine cover he noticed that the bracket was loose with one bolt missing and the second was unscrewed up to the point that it was fouling the steering pump. The other two were loose, resulting in the gear lever bracket tilting backwards and forwards. We are of the opinion that it is highly impossible for the gear lever to deteriorate to such an extent within 133 days," he said, referring to the number of days from the time of the alleged roadworthy test.
During inspection of the cross members for cracks it was established that the load sensing valve had been bypassed and pivot control had seized and was not connected to the axle and that the connecting rod was also missing.
.jpg)
"You are hereby given 14 days from the date of this letter to make representation in writing indicating why I should not suspend TJ’s Motor Vehicle Testing Station’s registration for a lengthier time period or cancel its registration," said Transport MEC Robin Carlisle.
ARTICLE AND PHOTOS: LIZETTE DA SILVA, GEORGE HERALD JOURNALIST
