The South African Information Technology Agency (“SITA”), the South African Police Service (“SAPS”), the Independent Police Investigative Directorate (“IPID”) and parliaments Standing Committee on Public Accounts (“SCOPA”) have taken the firm position that an allegation of corruption against a government supplier is sufficient reason to cancel all contracts and stop all payments immediately without providing any official reason to a supplier.
SITA, SAPS, IPID and SCOPA have further taken the firm position that:
- Legal advice from Senior Counsel that such actions are illegal, is not good enough reason to perform in terms of the agreements with the supplier;
- It is not necessary for the supplier to be charged and convicted of corruption or for a review application to be successful before imposing sanctions against the supplier;
- That it would be just for a supplier to continue providing services to government free of charge indefinitely;
- That a supplier to the government must continue to remunerate its employees and pay all operational expenses without receiving any payment from government;
- That the Constitutional right to be presumed innocent until found guilty does not extend to a supplier of goods and services to government, if accused of corruption.
- That it would be just and equitable to apply these principles consistently to all government suppliers.
Forensic Data Analysts (“FDA”), and its dedicated staff have continued to provide software services to SAPS and SITA in extremely challenging circumstances without payment since October 2017. Services were provided in the belief that SAPS and SITA would honour payments as they were still receiving the benefit of the services, and considering that no official reason has been provided for failing to honour payment (although it is abundantly clear that FDA, its employees and Keith Keating have been presumed to be guilty, yet uncharged).
FDA have, over the last six months, written to SAPS, SITA, SCOPA, the National Prosecuting Authority (“NPA”) and others providing proof of its innocence and many blatant lies that have formed the basis of the presumption of guilt. These submissions include the following:
- 3 formal representations to Parliament
- 3 formal representations to National Police Commissioner
- 2 formal representations to Minister of Police
- 2 submissions to the NPA
- Various formal representations to the SITA board and Audit and Risk Committee.
- A formal media statement in December 2017.
- Complained to journalists on false reporting (of which one has been referred to the Press Ombudsman, to date).
The only formal responses received were from the Minister of Police, one journalist, and the Press Ombudsman.
In light of this untenable situation, and after hitting wall after wall, on 4 April 2018, FDA, issued a public statement indicating that certain SAPS systems will be suspended at midnight. As no response was received, the services were suspended.
FDA is of the firm view that, for reasons unknown to them, the Minister of SAPS, National Commissioner of SAPS and SCOPA members have been severely mislead and deceived by IPID and SITA, and induced to act unlawfully towards FDA. There is however compelling evidence that previous SITA employees are attempting to replace FDA as a service provider to SAPS and SITA.
More detailed rebuttals of the allegations of wrongdoing against FDA, and the unlawfulness of the current conduct by SITA, SAPS, IPID and SCOPA can be found at www.fdaafrica.com/wordpress/.
Compilation: 29 November 2017 SCOPA instructions defying anticipated legal advice: https://youtu.be/IIcnNWMZf_E
End.
Other documents relating to the above appear at www.fdaafrica.com/wordpress/.
Enquiries may be sent to media@fdaafrica.com.