Premier Phumulo Masualle is being taken to court by the State Information Technology Agency.
Sita wants the Bhisho High Court to prevent the Eastern Cape premier’s office from forging ahead with its controversial R220-million broadband rollout project in the province.
Sita’s legal team filed a notice of motion on Monday to interdict the Eastern Cape government from carrying on with the rollout.
The provincial government, in legal papers seen by the Dispatch, says Sita’s court bid is “out of place” as not all the channels available to try and solve the impasse have been exhausted by the agency.
In papers filed by Sita’s lawyers, the first respondent cited is the Office of the Eastern Cape premier and the second respondent is Liquid Telecom.
Sita has flagged the matter as urgent, asking the Bhisho High Court to hear the matter on Tuesday or “soon thereafter”.
In the court papers, Sita asked the court for an interdict that will restrain the premier’s office and Liquid Telecom “from continuing to implement the agreement for broadband connectivity on any site in the Eastern Cape province” and that the premier’s office is “interdicted from making any payments for services rendered by in terms of the agreement referred to”.
Sita asks that the decision taken last year by the Eastern Cape government to appoint Liquid Telecom to provide broadband be reviewed and set aside or “alternatively declared unlawful and invalid”.
Provincial government spokesman Sonwabo Mbananga said: “Sita, as a state entity, has not exhausted all the government channels.
“What they did is out of place.
“But we will defend this in court.”
In his affidavit, Sita’s advocate Ntu Moloto said their reason for asking the court to intervene was because the contract was unlawfully awarded.
Moloto wrote: “The relief is sought on the grounds that the conduct of the is in flagrant disregard of imperative procurement legislative requirements including but not limited to section 217 of the constitution, section 7 of Sita Act, other incidental legislation and or in breach of the terms of an agreement concluded between Sita and the .”
This section requires that government complies with a number of key procurement principles and criteria when conducting the tender process.
Moloto further said the decision of provincial government to sign on Liquid Telecom was constitutionally invalid and in violation of Sita’s rights as the official implementing agent.
Moloto submitted: “The interim order seeks to protect the public purse against payments already made and/ or are in the process of being made to .”
The Dispatch first exposed the contentious multimillion-rand broadband tender in December last year.
Yesterday Mike Silber, the legal counsel for Liquid Telecom, said they were aware of Sita’s application.
“We consider this a matter between Sita and the Eastern Cape government and we do not comment on issues relating to our customers,” Silber said.
The Eastern Cape provincial treasury did not respond when asked how much money had so far been paid to Liquid Telecom. —
bonganif@dispatch.co.za
State IT authority in court bid to interdict E Cape R220m broadband rollout
Sita wants the Bhisho High Court to prevent the Eastern Cape premier’s office from forging ahead with its controversial R220-million broadband rollout project in the province.
Sita’s legal team filed a notice of motion on Monday to interdict the Eastern Cape government from carrying on with the rollout.
The provincial government, in legal papers seen by the Dispatch, says Sita’s court bid is “out of place” as not all the channels available to try and solve the impasse have been exhausted by the agency.
In papers filed by Sita’s lawyers, the first respondent cited is the Office of the Eastern Cape premier and the second respondent is Liquid Telecom.
Sita has flagged the matter as urgent, asking the Bhisho High Court to hear the matter on Tuesday or “soon thereafter”.
In the court papers, Sita asked the court for an interdict that will restrain the premier’s office and Liquid Telecom “from continuing to implement the agreement for broadband connectivity on any site in the Eastern Cape province” and that the premier’s office is “interdicted from making any payments for services rendered by in terms of the agreement referred to”.
Sita asks that the decision taken last year by the Eastern Cape government to appoint Liquid Telecom to provide broadband be reviewed and set aside or “alternatively declared unlawful and invalid”.
Provincial government spokesman Sonwabo Mbananga said: “Sita, as a state entity, has not exhausted all the government channels.
“What they did is out of place.
“But we will defend this in court.”
In his affidavit, Sita’s advocate Ntu Moloto said their reason for asking the court to intervene was because the contract was unlawfully awarded.
Moloto wrote: “The relief is sought on the grounds that the conduct of the is in flagrant disregard of imperative procurement legislative requirements including but not limited to section 217 of the constitution, section 7 of Sita Act, other incidental legislation and or in breach of the terms of an agreement concluded between Sita and the .”
This section requires that government complies with a number of key procurement principles and criteria when conducting the tender process.
Moloto further said the decision of provincial government to sign on Liquid Telecom was constitutionally invalid and in violation of Sita’s rights as the official implementing agent.
Moloto submitted: “The interim order seeks to protect the public purse against payments already made and/ or are in the process of being made to .”
The Dispatch first exposed the contentious multimillion-rand broadband tender in December last year.
Yesterday Mike Silber, the legal counsel for Liquid Telecom, said they were aware of Sita’s application.
“We consider this a matter between Sita and the Eastern Cape government and we do not comment on issues relating to our customers,” Silber said.
The Eastern Cape provincial treasury did not respond when asked how much money had so far been paid to Liquid Telecom. —
bonganif@dispatch.co.za
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