Tasima loses bid to hold on to eNaTIS contract
Tasima’s last ditch-bid to hold on to the lucrative electronic National Traffic Information System (eNaTIS) contract has been dismissed with costs.
In an order dated February 8 but released on Monday‚ the Constitutional Court said it had considered eNaTIS service provider Tasima’s urgent application for direct access.
“It has concluded that the application should be dismissed as it bears no prospects of success‚” the court order said. It dismissed Tasima’s application to vary the order‚ passed by the court in November last year.
In that order‚ the court said Tasima must‚ within 30 days‚ hand over the eNaTIS service to the transport department’s agency‚ the Road Traffic Management Corporation (RTMC).
Tasima approached the court on December 8 to vary the order. Tasima said it needed 11 months to hand over eNaTIS to the RTMC.
However‚ the Constitutional Court did not agree and dismissed the application for direct access with costs.
The relationship between the department of transport and Tasima began in 2001‚ when it awarded the company a tender for the provision of services in relation to eNaTIS.
The system enables the department to regulate and administer the licensing of all vehicles‚ learner drivers’ and drivers’ licences‚ vehicle roadworthiness tests and the general implementation of road traffic legislation.
At the end of the contract in 2007‚ Tasima was awarded a month-to-month contract to run eNaTIS until a disputed five-year contract extension was signed in May‚ 2010 by then transport department director-general George Mahlalela.
The department said the extension was invalid because it had plans to take over and run eNaTIS.
But the department launched an application to set aside the Mahlalela contract only in 2015‚ on the eve of the expiry of the disputed contract.
The application by the department against the 2010-2015 contract extension succeeded in the Pretoria High Court in June 2015‚ when Judge Wendy Hughes ordered Tasima to hand over eNaTIS to the department within five days.
However‚ the Supreme Court of Appeal held in December 2015 that the department should not take over eNaTIS and its services without adhering to the conditions of the disputed contract signed in 2010.
That judgment was overturned by the Constitutional Court‚ which said the extension of the contract in 2010 stood to be set aside.
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