It has recently come to light that the South African Police Service (“SAPS”) and the State Information Technology Agency (“SITA”, a state-owned company) have failed to pay Forensic Data Analysts (“FDA”), a trusted supplier to the government since 2006, for more than 5 months. Payments have been withheld despite FDA having continued to provide services to SAPS and SITA, and both having been made aware of the potentially devastating consequences of non-payment.
FDA provide mission critical IT related services to SAPS directly and through SITA, yet SAPS and SITA have failed to pay FDA without having had a contingency plan in place in the event that FDA, after 5 months of non-payment, should stop providing services.
This blatant disregard for the risks associated with non-payment is cause for serious concern at a national and international level. Any suggestions to the contrary should be approached with the greatest of caution.
SAPS and SITA have implicitly reconciled themselves with the following potentially devastating effects resulting from their conduct, including (without limitation):
- SAPS officials may be unable to check in and out of duty.
- SAPS officials may be unable to lawfully possess or use firearms.
- Firearms and ammunition in possession of SAPS may not be accounted for during the suspension period.
- SAPS officials may be unable to access and manage evidence in the Forensic Science Laboratory.
- The chain of custody may be broken of millions of exhibits in the Forensic Science Laboratory.
- The NPA may be unable to remove evidence to be used in court proceedings.
- The Republic of South Africa may be in breach of certain international treaties involving Interpol and the United Nations.
The above list is not exhaustive.
The Standing Committee on Public Accounts (“SCOPA”) and the Independent Police Investigative Directorate (“IPID”) are also accomplices in this matter as they have instructed, recommended and forcefully encouraged that contracts with FDA be cancelled and payments be withheld unlawfully. This, despite overwhelming indications that their positions were not supported by accurate facts, and that they have purposefully been misled by, amongst others, IPID and SITA.
Legal opinions were received by both SAPS and SITA stating that contracts were not illegal, but non-payment is. Hence, one payment was made to FDA during December 2017 (not for the FIrearm Permit System or the Property Control Exhibit Management System).
After it was communicated to SCOPA that one payment was made to FDA, SCOPA explicitly threatened officials with imminent dismissal and other sanctions.
It was also revealed that the services offered by FDA are mission-critical and directly impact the Police’s ability to execute their mandate. No breach of performance by FDA has been noted nor proof thereof provided.
Still, SCOPA persisted in its view and maintained its instruction that contracts be cancelled and payments be withheld, to which SAPS and SITA complied despite their legal senior counsel opinions to the contrary.
FDA has written to SAPS, SITA, SCOPA, the NPA and various others over the past six months in an attempt to ensure lawful conduct by SAPS and SITA. When warnings were communicated that systems will be shut down due to non-payment, no communication was received by FDA with requests not to shut down the systems or which indicated that payments were forthcoming.
After access to software and support systems were suspended, FDA was irrationally blamed for holding the country ransom. This position is regarded as ignorant, if not deliberately misleading.
The peculiar manner in which this matter has been dealt with by SAPS and SITA, as well as SITA’s refusal to deal with evidence presented to them regarding SITA employees attempting to take over or sabotage FDA services, supports the evidence that there is a concerted effort by the state to undermine lawful administrative processes, to intentionally or through omission support hostile takeover attempts of the business following recorded efforts to solicit bribes from FDA, in gross disregard for matters of national security.
FDA is concerned these essential systems are not operating and would like to hear details of the contingency plans mentioned by Brigadier Vishnu Naidoo.
FDA does not and will not accept that:
- allegations of criminality may be made without any proof being presented or fair process followed, yet presumptions of guilt are relied on as motivation to interfere with lawful administration.
- inefficiencies in the SAPS and SITA be tolerated or accepted at the cost of all South Africans, if the only step between the problem and solution is for organs of state to act lawfully according to what is already established.
- the public be left in the dark about such matters, while there are opportunities to constructively address those matters.
If the manner in which this matter has been handled to date by SAPS, SITA, IPID and SCOPA is to serve as a precedent for the management of government contracts, suppliers, and critical infrastructure, the interests of the public will be undermined on a continual and unacceptable basis.
Ends.
Enquiries may be sent to media@fdaafrica.com.
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/.
Video Compilation: 29 November 2017 SCOPA instructions defying anticipated legal advice: https://youtu.be/IIcnNWMZf_E