The Minister of Transport, Ms Dipuo Peters, welcomes the pronouncement of the Constitutional Court decision on eNATIS today, 9th November 2016. This follows laborious ten years of bitter legal wrangling between the Department of Transport and Tasima.
Minister Peters said that this landmark judgement has drastically changed the legal landscape and confirmed that South Africa is indeed a Constitutional State were justice always prevail.
Despite numerous endeavours by the department to terminate the illegal and irregular extension of this contract, Tasima remained obstinate and continued unabated to deliver the service. The attempts of the department were met with vigorous court challenges, one after the other, resulting in a total of eighteen judgments.
“Throughout the long, painstaking legal process and impediments thrown on our way, we remained resilient and undeterred. We were resolute in our commitment to leave no stone unturned in the fight to reclaim the system, ever informed by our patriotism and unparalleled love to serve our country. Indeed ours is to ensure that we better the lives of our citizens and unflinchingly provide the best service they so deserve, said Minister Peters.
The Department and the Road Traffic Management Corporation (RTMC) convinced and undeterred in their quest to fight the irregular extension took the matter further to the Constitutional Court. The court heard the matter on 24 May 2016 and reserved judgment.
The Tasima contract was awarded in 2001 when the Department of Transport appointed Tasima as a service provider for the development, management and transfer of the eNatis system for a contract period of five years.
In 2007 the department duly informed Tasima that the contract will not be extended and that they should hand over the system, a decision which was welcomed and accepted by Tasima. They further undertook to oblige pending the decision and directive from the department on the handover process.
However, the handover never took place and Tasima continued to provide services on a month-to-month basis until 2010 when the contract was surreptitiously, irregularly and illegally extended for a further five -year period ending 31st April 2015.
The extension was a subject matter for investigation by the Auditor-General, National Treasury, forensic investigations as well as the involvement of the Special Investigative Unit (SIU).
“These interventions were a demonstration of our commitment to fight and root out corruption as government, a commitment we will always pursue without fear or hesitation,” Minister Peters said.
“This fervent occasion is characterised by mixed feelings for the Department of Transport and Government of South Africa in general, as we continue in our endeavours to provide leadership for a clean government, no matter how excruciating and daunting the task may be, concluded Minister Peters.
Source: Government of South Africa.