ConCourt dismisses Tasima application with costs

The Constitutional Court on Monday delivered the final blow to Tasima’s attempts to hold on to the eNatis vehicle management system.

The court delivered a judgment in November last year ordering private company Tasima to hand over the system to the Road Traffic Management Corporation (RTMC) within 30 days.

However, Tasima held on to the system and instead launched an urgent application seeking direct access to the court to interpret its November judgment. The RTMC opposed the applications.

In the order delivered on Monday, the court dismissed Tasima’s urgent application with costs, as it bears no prospect of success.

Reacting to the court decision, RTMC Chief Executive Advocate Makhosini Msibi, said this is vindication of the RTMC’s position that Tasima has to hand over the system within 30 days and vacate the premises it currently occupies.

The RTMC is ready to take over and start operating the system with immediate effect,” Msibi said.

The dispute over the system has dragged on for several years and many court battles have been fought to have it handed over to government as originally planned.

In 2007, the Department of Transport informed Tasima that it should hand over eNatis to the department after the five-year contract that was agreed upon expired.

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 31 April 2015.

The matter between the Department of Transport and Tasima was first heard by the North Gauteng High Court, which ruled in favour of the department and the RTMC in June 2015.

Tasima then took the matter on appeal to the Supreme Court of Appeal in Bloemfontein and the court ruled in its favour in December last year.

Government appealed to the Constitutional Court, as the final court of arbiter, to bring closure to the matter. The appeal court ordered RTMC to desist from transferring eNatis and its services without the transfer management plan envisaged in the initial agreement signed in 2001.

Tasima is the company originally contracted to manage the Electronic National Administration Traffic Information System (eNatis), which processes transactions such as vehicle licensing and driver’s licences and stores the data.

This 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.

Source: South African Government News Agency