Pretoria - Not only must the department of transport pay the company that operates the electronic National Traffic Information System R176.6 million, but its two top officials have been held in contempt of court for disobeying a string of orders.
Judge AC Basson of the high court in Pretoria ordered that the 30 days' imprisonment would not come into effect if the department paid Tasima, which operates eNaTIS, by Wednesday. It wasn't known if the money had been paid.
Judge Basson also committed the director-general of the department, George Mahlalela, and his deputy, Chris Hlabisa, to 30 days' imprisonment for contempt of court.
Makhosini Msibi, head of the Road Traffic Management Corporation, was also held in contempt of previous court orders and slapped with a 30-day imprisonment.
This will also not come into effect provided that he ensures that Tasima is given full access to the premises from which the eNaTIS system was being operated. RTMC spokesman Simon Zwane said it was appealing the judgment.
Judge Basson launched a scathing attack on government officials and departments that simply ignore court orders.
Legal battle threatens eNaTiS system
In a long standing battle between Tasima and the department, a number of courts ordered that the government had financial and other obligations towards the eNaTIS operator to ensure that the system did not totally collapse.
The department ignored these orders, arguing that it contested the amounts allegedly outstanding. It said an investigation was being launched into fraud and corruption claims and it was thus not obliged to pay the amounts to Tasima.
The department said it was justified in ignoring the court orders. It also stated that while it lost a Supreme Court of Appeal battle against Tasima, the war was far from over as it was now approaching the Constitutional Court.
The SCA overturned a high court order in which Judge Wendy Hughes held that the five-year extension of the contract between the department and Tasima signed in 2010 was invalid.
But Judge Basson said the department and its officials’ actions displayed a total disregard for the string of orders against it. She said they may hold the view that these orders were misconstrued, but this was irrelevant.
”These orders stand, irrespective of whether the respondents may hold this view,” she insisted. “The conduct of the respondents is even more egregious as they are state entities in breach of their obligations under the Constitution.”
The respondents may want to approach the Constitutional Court, the judge said, but as things now stood these orders were still in place and thus enforceable.
“Insofar as the department and its officials have failed or refused to comply with the various high court orders, including the SCA, they are held in contempt.”
HOW IT WORKS
The judge added that while the police were investigating fraud and corruption allegations, nothing in this regard had been proven yet.
She said courts had the power to ensure that orders were complied with by all, including State organs.
Tasima was awarded a contract in 2001 to develop, manage and operate the eNaTIS system which operates across the nine provinces and records the licensing of all motor vehicles, driver's licence tests, learner drivers tests, contraventions of road traffic legislation and the roadworthiness of vehicles.
The agreement between Tasima and the department was for five years starting on 1 June 2002, and expiring on 31 May 2007. Tasima asked for the extension of the agreement, but the previous director-general of the department refused and said that the contract was in the transfer phase.
The transfer of the system back to the department was never finalised.
The agreement was, however, then extended from 1May 2010 to 30 April 2015 but it provided for a phased handover of the system to the department, which wasn't done.
The validity of the extension has been the subject of fierce litigation. There is also a criminal investigation.