The State Information Technology Agency (Sita) has launched legal proceedings relating to the R1.2 billion tender awarded for the provision of Local Area Network (LAN) services to Western Cape schools.
Its decision follows an independent investigation which found a number of irregularities including that the process “was marred by confusion and alleged non-compliance with local content requirements”.
The probe recommended the withdrawal of the tender.
Sita spokesperson Tlali Tlali said: “Sita has briefed a senior counsel to draft court papers to be filed at the high court to initiate legal proceedings in the matter. The agency has accepted the recommendations from the independent forensic investigation conducted by a reputable lawyer.
“We are of the view that due to irregularities identified, as an organ of state, Sita is legally bound to declare as irregular the process which culminated in the award of the LAN tender for the benefit of the Western Cape Education Department. The court will also be requested to decide on what is just and equitable under the circumstances,” said Tlali.
Sita has begun to progressively implement the recommendations of the report and said they would take steps necessary to hold accountable those responsible for wrongdoing.
Tlali said they were mindful of the impact this could have on service delivery to schools in the province and every effort was being taken to avoid disruption of the 2024 school year.
“We are confident that there are options available within the framework of the law to provide for the rendering of services during the period when this matter is before the courts,” said Tlali.
The confirmation of this legal action to be taken comes after ActionSA expressed its concern regarding alleged tender irregularities.
Education MEC David Maynier’s spokesperson, Kerry Mauchline, said they had been corresponding with Sita on the matter to resolve the issue.
“The comments made by ActionSA alleging the Western Cape government’s ‘silence’ are blatantly false.
“There has been extensive correspondence between the WCED and Sita.
“Firstly, it was Sita who made a recommendation to the WCED to award the bid, which the WCED duly did in May 2023 after following its internal processes.
“Secondly, after the award of the bid to the new service provider, the WCED received a letter from Sita advising that there were allegations of irregularities that occurred during the Sita procurement process and requesting that the Western Cape government’s officials participate in a forensic investigation – which we duly and fully cooperated with.
“There were no findings against any official in the Western Cape government. The WCED, despite numerous requests to Sita for the forensic report, instead received a draft version of the report via the media. This prompted another urgent request to Sita for the report, which the WCED finally received under cover of a letter, dated 8 November 2023. In this letter Sita advised that it accepted the recommendations and findings contained in the report and, inter alia, advised the WCED that it was formally withdrawing its recommendation made on 23 March 2023 to award the bid ... No information on legal action has been provided to the WCED by Sita, and it remains unclear to the WCED whether such statements were in fact made by Sita or not,” said Mauchline.
Cape Times