Tasima to appeal Concourt eNatis ruling

While the court ruled that Tasima must immediately hand back the electronic National Traffic Information System (eNatis) to the government and vacate its premises in Midrand, this could take some time as the service provider indicated it would appeal the ruling. “This means that it can be another long road, which could see us back in the Constitutional Court,” Road Traffic Management Corporation (RTMC) chief executive advocate Makhosini Msibi said. There were no representatives of Tasima yesterday when Pretoria High Court Judge Neil Tuchten ordered it to immediately hand over the control of the e-Natis to the RTMC, as well as all access codes, keys and data necessary to operate the system. The judge further ordered that if Tasima failed to comply with this order, the Sheriff was authorised to evict the company from the premises.

The Sheriff may take all steps necessary to evict Tasima, including using the services of specialist or expert service providers. RTMC spokesperson Simon Zwane said in light of Tasima indicating it would appeal the ruling, the government would seek legal advice. It could opt to ask the court to meanwhile enforce the order, pending the outcome of appeal proceedings. The latest legal spat between government and Tasima was the 22nd application to serve before a court. RTMC last week asked for an urgent order evicting Tasima. It said the Concourt in November gave Tasima 30 days in which to hand over. That was after that court found that the extension of Tasima’s tender by the government was unlawful. Tasima, on the other hand, said it needed time to do so as this was not a simple process. According to Tasima, the Constitutional Court merely meant that the process must start within 30 days of its order. Not everything had to be completed within 30 days.

Tasima said the Concourt allowed for a migration plan to ensure that the handover went smoothly and over a period of time. It was said that the e-Natis was a nationwide system of enormous complexity. The government said it was ready and able to take over the system and it accused Tasima of stalling the process as it wanted to cash in. During legal arguments last week, Judge Tuchten repeatedly asked Tasima why it did not simply hand over the system. If you hand over you will be free from your obligations. If the court ordered you to leave it would absolve you.” Tasima’s response was that an immediate handover would plunge the country’s transport system into chaos. The issue before court was around how to interpret the Concourt order, whether it meant handing over within 30 days or a gradual handover.

Judge Tuchten said the interpretation advanced by Tasima would enable an adroit person to remain in place as the manager of the system for a period, the end which could not even now be determined. This while the public purse has to foot the bill for the flow of revenue. “I reject the interpretation advanced by the respondents… The terms require Tasima to complete the handover in 30 days. They do not permit Tasima to remain in place for any longer than that.” Transport Minister Joe Maswanganyi said the RTMC has since May 2015 been ready to administer the system. He blamed Tasima for the delay and said it simply wanted to siphon money from the State. Msibi also assured South Africans that the government was ready and able to take over the system. He said the government had learned from its mistakes by unlawfully extending the contract, costing the taxpayer more than R2 billion. He also assured that there would be no chaos, as claimed by Tasima, if the system was immediately handed over to government. “We have in our employ about 700 years of experience of people who have been running the system.”