Cape Times

SIU loses electronic ankle bracelet appeal case

- CHEVON BOOYSEN chevon.booysen@inl.co.za

THE Special Investigat­ions Unit (SIU) was dealt a blow when it could not show the Supreme Court of Appeal (SCA) how Engineered System Solutions (ESS) was in breach of contract, after it was awarded a tender for an ankle bracelet pilot project.

The SIU, representi­ng the Department of Correction­al Services, was unsuccessf­ul in its appeal for a review applicatio­n, brought from the North Gauteng High Court in Pretoria, which had to rule on the validity of the decisions taken by the department.

The project – which had to last for a year – eventually cost R14.6 million after three contract extensions, after the initial tender amount of R6.5m.

In August 2016, the department stopped paying ESS for its services, claiming breach of contract, while it neverthele­ss expected ESS to continue to render the services.

ESS was awarded a tender for the electronic management system (EMS) ankle bracelet system, which would monitor offenders who had been released on parole and/or remand detainees who had been placed under supervisio­n.

The review applicatio­n was brought in 2016, after the President issued a proclamati­on into certain allegation­s relating to irregulari­ties in the procuremen­t of an electronic monitoring system and payments relating thereto.

The SIU alleged that its investigat­ion revealed a number of irregulari­ties in the procuremen­t processes relating to tenders awarded to ESS by the department, in relation to the EMS.

In her judgment, acting Justice Nolwazi Mabindla-Boqwana said: “The appellants have failed to show non-compliance with statutory prescripts, the tender specificat­ions or misreprese­ntation, on all three challenges.

“Even if non-compliance were to be remotely shown in some instances, the degree is not so egregious as to invalidate the procuremen­t process or the contracts concluded.

“Assessed in terms of the appellants' prospects of success in the review applicatio­n, such prospects were bleak or poor…

“The prejudice that would be caused to ESS and other service providers goes without saying,” Judge MabindlaBo­qwana said.

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