Publish date | 06 July 2019 |
Issue Number | 1789 |
Diary | Legalbrief eLaw |
The State Information Technology Agency (Sita) says it will be approaching the Constitutional Court in a matter involving the use of a critical IT system owned by embattled police supplier Forensic Data Analysts (FDA), according to a News24 report. This, after the SCA dismissed its application for leave to appeal the Gauteng High Court's ruling which found the police had been using the firearm permit system illegally, without paying FDA for more than a year. The High Court interdicted the Sita and the police from infringing FDA's copyright in the system. The system is used to assist officials with tracking and monitoring firearms and, without it, SAPS would not be able to keep track of firearms in the country. In April 2018, FDA switched off the firearm permit system, saying it would only switch it back on when the state – through the police and the agency – paid for it. The Sita and the police approached the Gauteng High Court (Pretoria) on an urgent basis to force FDA to reactivate the systems. Although the Sita was successful in reactivating the system, the FDA brought a counter-application to interdict the use of the software. In January, the High Court found that the police had used the software illegally, without paying for more than a year. The court interdicted the police and the agency from infringing on FDA's copyright of the computer program. The court said neither the police nor the Sita had a perpetual licence to use the system and that FDA should be compensated for its use. It also ordered the police to return all certified copies and notes or reproductions of the system to FDA. However, it suspended the order for 60 days, to allow the police to reinstate an alternative system.