Mkhwebane investigated the department after a complaint was laid, by a private businessman, against the department in January 2018. The department was accused of causing an undue delay which lead to prejudice against the complainant  - who wanted to open a private testing station in Botshabelo.

During Mkhwebane's investigation, she found that the department failed to properly handle the application or inquiry of the complaint by failing to process an application to operate this testing station.

Mkhwebane found that the department transgressed at least five sections of legislated laws and has since recommended remedial action against the department.

"The allegation that the department unduly delayed to consider and adjudicate the complainant's application to operate a private vehicle testing station in Botshabelo resulting in prejudice to the complaint, is substantiated," she says.

Mkhwebane adds that in the attempt by the complainant to have his application adjudicated by the Department, he was referred to at least four people - including former MEC Sam Mashinini and the Head of the Department (HOD), Sipho Mtakati.

The complaint alleged that in January 2018, he applied for a licence to operate a private vehicle testing station in Botshabelo and that by September 2018, he had not received a written response from the department in respect of his application.

"He previously made inquiries regarding his application to the provincial inspector of the department, who in turn referred him to the chief director of traffic management. The latter office further referred him to the HOD, who in turn referred him to the office of the MEC. The office of the MEC eventually referred him back to the provincial inspector," Mkhwebane adds.

The department has since sent a letter of apology to the complainant in February 2022.

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