The Road Transport Management Corporation (RTMC) is now officially in charge of the eNaTis system. This after the Department of Transport (DoT) took legal counsel to compel Tasima to comply with a Constitutional Court decision handed down against it on November 9.
Judge Tuchten ordered the company to vacate the eNaTis’ Midrand offices immediately and hand over all assets to the RTMC. The case had been running since 2015. Simon Zwane, spokesperson for the RTMC, yesterday told The New Age that the corporation is now in charge of the eNaTis system and the premises that were previously occupied by Tasima.
“The sheriff moved in on April 5 and evicted Tasima as per the court order. The Gauteng North High Court on April 3 ordered Tasima to handover the eNaTis system immediately and instructed the sheriff to evict them if they failed to do so. “On Wednesday after the court rejected Tasima’s urgent application for leave to appeal, the sheriff moved in and the RTMC has been in charge of the system for two weeks now.” He said the system was functioning well. “It has not collapsed and there is no chaos,” Zwane said.
Attempts to reach Tasima since Monday have been unsuccessful. The telephone is not answered and emails sent to spokesperson Trevor James elicit no response. James had earlier said Tasima had petitioned the Supreme Court of Appeal for leave to appeal following the high Court’s refusal. He said the appeal was transmitted to the RTMC and the Department of Transport on Wednesday morning and was lodged in the afternoon with the registrar of the SCA.
“This means that the operation and effect of the order is still suspended pending the finalisation of the appeal. Notwithstanding this the RTMC unlawfully stormed and seized control of Tasima’s premises where the eNaTis system is operated from. This is an unlawful and constructive contempt by the RTMC and its officials who were also found to be in contempt by the Constitutional Court in November and on many other occasions by the high court.”
He said at the time that Tasima was “considering its options”. The Department of Transport had taken legal counsel through the nowaxed minister, Dipuo Peters. She had based her action on a Constitutional Court finding that the extension to the contract to Tasima was granted in contravention of the Constitution, the Public Finance Management Act and Treasury regulations.
The court granted the Road Traffic Management Corporation (RTMC) leave to terminate the illegal and irregular extension of the contract and Tasima was ordered to handover the running of the eNaTis and associated services to the RTMC within 30 days of the court decision. The court decision also granted the Department of Transport leave to approach the court should Tasima commit any act intended to deliberately delay or frustrate the transfer process.
The RTMC argued that it has since May 3, 2015 been ready to administer eNatis. Its state of readiness has unreasonably been delayed and denied by Tasima employing tactics informed by their Tasima’s to syphon money from the state, RTMc said. The corporation said the court decision was a reconfirmation and a vindication that the department and the RTMC are competent enough and ready to execute their mandate without the involvement of third parties.
In a similar circumstance that involved the production of driving licence cards, the department is producing and managing the driving licence system in-house without the involvement of a third party and the work has been diligently managed.