Tablet interdict ruling puts premier at crossroad

It should by now be apparent to anyone with an interest in ethical, above-board procurement that there are huge problems attendant on the Eastern Cape education department’s e-learning tablets contracts with Sizwe Africa IT Group and MTN.

The Bhisho high court’s interdict on the contracts is a necessary legal step, protecting the interests of both the State IT Agency and the public, ahead of a full review of the procurement processes by another court.

The legal papers presented to the court thus far are replete with factual inconsistencies and confusion. This could be a function of the apparent haste with which the litigation was pursued.

The overall handling of these contracts by an array of MECs and officials lends credence to Sita’s claim that procuring the tablets had less to do with pupils' rights to education under the constitution than with officials’ corrupt decisions aimed at siphoning off money for personal gain.

Apart from patent illegalities, there are irrational resolutions and unexplained decisions throughout the procurement process.

The court expressed concern that, already, R123m was earmarked for payment on a monthly rental contract that ought to have totalled only R11.2m at the time an invoice was presented for payment.

That factor alone merits further investigation by a court of review. A series of illogical about-turns by the provincial treasury in attempting to ensure education officials account to Sita constitutes another problematic factor.

In granting the interdict, judge Buyiswa Majiki was careful not to venture into territory which ought to be the purview of the review court.

Premier Oscar Mabuyane may be in a similarly invidious position, especially with Majiki noting the mediation efforts Mabuyane previously participated in were unlikely to yield the results anticipated by the interdict and review.

However, it is incumbent on Mabuyane to ask exacting questions of the MECs and senior officials in provincial government who are implicated in what has rapidly degenerated into a disgraceful set of circumstances.

While it may not be the premier’s role to douse the flames of every firestorm caused by every incompetent or underhand member of his government, he is obliged to act firmly when he becomes aware of nefarious activity. Such action need not compromise the court review.

Failure to take appropriate measures from within government to hold officials accountable could risk his own reputation being tainted. ​