Tasima has won its Supreme Court of Appeal (SCA) battle against the Department of Transport (DOT). The appeals court today ruled in favour of Tasima, the custodians of the electronic National Administration Traffic Information System (eNatis), which is the official register for all vehicle, driving licence, contravention and accident data in South Africa.
eNatis was in the process of being transferred from Tasima to the DOT but has met with an extended legal battle between the parties over the terms and period of the transfer. The eNatis system is regarded as a national key point and the DOT indicated that the Road Traffic Management Corporation (RTMC) was the preferred entity to take over the running of the system from Tasima.
The North Gauteng High Court ruled in June that the extension of the eNatis system contract from 2010 to 2015, by former transport department director-general George Mahlalela, was invalid from the date of extension. The court also ruled against Tasima's application that the transfer period of eNatis and its services should be five years
The SCA today ruled that there be no transfer of the eNatis system or services going forward except in terms of a "transfer management plan" envisaged in the original turnkey agreement, overruling the previous High Court decision.
The SCA also ruled that a number of the respondents, including the Minister of Transport and the DOT, were in breach of various judgements handed down in other courts between 2012 and 2014. The DOT and RTMC were ordered to pay the costs of the appellant.
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