Prisoners' tag court case halted as SIU joins the fray

An urgent application by a company which provides tracking devices used to monitor the movements of just over 500 prisoners has been removed from the roll.

This follows a request by the Special Investigating Unit (SIU) that it wants to apply to intervene in the court application by Engineered System Solutions (ESS) against the department of correctional services.

ESS attorney Gert van der Merwe said on Tuesday the company decided to wait for the SIU to file its application‚ and decided to remove the matter from the roll in the high court in Pretoria on Tuesday.

President Jacob Zuma signed a proclamation last year authorising the SIU to investigate allegations of irregularities in the procurement of the five-year contract‚ which was signed in July 2014.

The department indicated on Tuesday that the removal of the tags to 562 parolees was continuing‚ despite the court challenge.

It also said a system was in place to ensure a seamless transition from the condition of electronic monitoring to normal physical monitoring that 70‚500 other parolees were subjected to.

In its urgent application‚ ESS wants an interim interdict preventing the department from enforcing the cancellation of the contract.

It also seeks an order that‚ in instances where certain parolees had been de-tagged‚ there should be a return to the situation on July 4‚ when 562 parolees were still tagged.

In an application that is not urgent‚ ESS seeks an order declaring that the term of the contract between the department and ESS is 60 months and an order declaring that the attempted cancellation of the agreement be declared unlawful and set aside.

Correctional Services Department spokesman Logan Maistry said following irregular findings pertaining to the contract‚ the department in March took a decision to terminate the contract.

Maistry said the department issued ESS with a three-month notice‚ effective 1 April to 30 June 2017‚ in line with Clause 19 of the service level agreement.

Maistry said although ESS was obliged to participate in the handover process‚ or exit management plan‚ ESS had refused to co-operate as it disputed the matter pertaining to the right of termination of the contract.

- TimesLIVE