EduSolutions court bid fails
A COURT application by EduSolutions to force the department of basic education to reinstate its contract has failed.
Pretoria High Court Judge Hans Fabricious dismissed the application with costs, agreeing with the department's argument that the contract was awarded irregularly.
EduSolutions director Moosa Daniel Ntimba had asked the court to order the department to enforce and implement a 2010 service level agreement signed between the two parties with immediate effect.
The company also wanted the court to restrain the department of education from procuring learning and teaching study materials from any company until his contract with the department had expired on September 30 2013.
Ntimba insisted his appointment was not dubious as his bid was submitted in a competitive tender process and won fairly.
The tender was advertised by the department in the Sowetan of May 13 2010.
But in his argument, the department's administrator, Mzwandile Matthews, revealed that after EduSolutions's appointment, it was paid an advance of R19-million based on an 8% management fee of the anticipated orders to be placed in the amount of more than R346m.
The department approved the payment on December 7 2010 in terms of a certificate by an employee, one ME Nkoana, and the payment advice was issued on the same day.
Matthews said while the benefit of an open tender was to get the product cheaply and effectively, it was not the case with EduSolutions.
"In this case the applicant (EduSolutions) has appropriated that benefit for itself and has deprived the department of that benefit
"It is clearly in breach of provisions of the Constitution, the PPPFA (Preferential Procurement Policy Framework Act) and PFMA (Public Finance Management Act)." Public Finance Management Act.
Matthews said the contract was also in breach of the provisions of regulations of the treasury.
The company's three-year contract was terminated last year when the provincial education department was placed under administration.
READ BY NOBODY: Minister of Basic Education Angie Motshekga during her visit to the Department of Education warehouse in Polokwane to instruct the education department to distribute text books urgently. PHOTO: ELIJAR MUSHIANA 
Comments
hulas
When asked on 702 whether she've got any business interest in edu loan.Angie did not categorically say NO she murmured something I could not understand.Only time will tell.Report Abuse
Pointman
Does everybody involved in this mess understand that their incompetence is going to demoralise young minds and even end up ruining their lives too. It is totally despicable how these kids are being treated.Report Abuse
MGEEZ
Very well; but what happened to those who granted the contract irregularly??Report Abuse
LBS
@MGEEZVery well; but what happened to those who granted the contract irregularly??
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As usual they'll get (maybe) a light smack on the hand and a sideways PROMOTION!!
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MommaC
Everybody involved in this should be shot for treason. They have made a complete mess of our education system and the bloody minister herself is so damn clueless that she thinks that ruining the lives of these children is not a major issue.Report Abuse
Mellow
Pathetic indeed do any of this useless incompetent beings cares at all about the future of the kids?Report Abuse
Mara_Y
@hulasShe was asked if she has family members n she said no. she wasn't asked whether she've got any business interest. that was monday morning show interview.
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If u what to get rich quick be on procurement department within the government organ.
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Papage
Edusolutions is the Motshekga's business, can the public protector investigate please, if that is true, she must pay back the monies stolen and go.Report Abuse
Blaklikeme
This is how you are stealing the economic freedom of the youth of this country Ms minister.Economic Freedom = the freedom to work in your chosen occupation, for which you need quality education.
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Bombay_Mafia
Eduproblems, i bet "Moosa Daniel Ntimba" kids are attending 5 stars school !Report Abuse
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