Tasima digs in heels over eNatis order
Tasima is defying a court order to hand over control of eNatis at once, saying it wants to appeal against Monday’s judgment. Tasima said it would ask the high court on Wednesday for leave to appeal against the order to hand over the keys and codes and allow access to the eNatis system.
Tasima is defying a court order to hand over control of the electronic National Traffic Information System (eNatis) at once, saying it wants to appeal against Monday’s judgment.
Tasima said it would ask the High Court in Pretoria on Wednesday for leave to appeal against the order for it to hand over keys and codes and allow access to the eNatis system.
Tasima has been locked in a legal battle with the Road Traffic Management Corporation (RTMC) for four years since the granting of a five-year contract extension in 2010. In November 2016, the Constitutional Court found this was unlawful, ordering a transfer within 30 days.
Tasima argued that the strict interpretation of this order could jeopardise the system’s functionality. The parties have not agreed on a migration plan.
The company said it was not seeking profits, but the corporation sought compliance with an agreed migration plan.
The company argued that the Constitutional Court order provided for a five-year migration plan if parties did not agree on a new system-transfer plan. It was still in talks to transfer staff to the employ of the RTMC. Judge Neil Tuchtens said on Monday legal precedent on the issue was clear, including a need to comply with court orders until they were overturned and to interpret orders holistically.
“There is nothing in the handover order of this court that prevents the parties from continuing to co-operate in ensuring that the transfer is achieved as swiftly and as in an orderly a fashion as is possible,” the judgment said. The Pretoria court also awarded costs in favour of the corporation.
Codes, access to the premises and keys to it were, meanwhile, to be handed over within 24 hours. RTMC spokesman Simon Zwane said on Tuesday that nothing had been handed over yet.
Transport Minister Joe Maswanganyi is expected to brief the media on Wednesday. Tasima did not respond to requests for comment.
Tasima said its notice to request leave to appeal against Monday’s court order would allow “a situation where the [RTMC] may seize control of the system outside of any handover plan … and in spite of the [RTMC] not being in a position properly to run the system”.