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Tasima loses Constitutional Court Case against Department of Transport

SG Radebe

The ANC acknowledges and is pleased that yet another ruling by the Constitutional Court on Monday 14 February 2017, found in favour of the Department of Transport in its long running battle with Tasima Company. This delivered a final blow to Tasima's attempts to hold on to the electronic National Traffic Information and vehicle management system despite the court's ruling that it should be handed over to the Road Traffic Management Corporation. In November 2016, the court delivered a judgement ordering Tasima to hand over the system to the Road Traffic Management Corporation within 30 days. However Tasima held on to the system and launched an urgent application seeking direct access to the court to interpret its November 2016 judgement.

In the latest ruling, the court dismissed Tasima's urgent application with costs as it bears no prospect of success. This is a vindication of the RTMC's position that Tasima has to hand over the system within 30 days and vacate the premises it currently occupies. The Road Traffic Management Corporation is ready to take over and start operating the system with immediate effect.

The dispute over the system has dragged on for several years and many court battles have been fought to have it handed over to government as originally envisaged. The order is seen as bringing closure to the matter. This judgment confirms that South Africa is indeed a Constitutional State where justice always prevails.

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