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IOL News
28-05-2025
- Business
- IOL News
Gauteng High Court rules against controversial CaseLines tender
The Gauteng High Court, Pretoria, overturned the controversial tender of the Office of the Chief Justice relating to its online case filing system. Image: Jacques Naude / Independent Newspapers The Gauteng High Court, Pretoria, has overturned the tender awarded by the Office of the Chief Justice regarding the procurement of the online CaseLines project, following the subcontract which was earlier awarded to three senior OCJ officials who had, meanwhile, resigned. The matter involved the award of a departmental tender to a company, Thomson Reuters (Professional) UK Ltd (TR), which had subcontracted to a local company whose shareholders were the three senior OCJ officials. The OCJ lodged the self-review application after it emerged that some OCJ officials who were involved in various stages of the procurement process that led to the appointment of TR as the preferred supplier of CaseLines, stood to benefit from the contract as subcontractors to TR. Meanwhile, the court this week declared the tender to be inconsistent with the Constitution, unlawful, and invalid. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ The interim contract between the OCJ and TR, made by an order of court in August 2023, remains effective, pending the conclusion and coming into effect of a new contract for the provision of CaseLines between OCJ and TR. The OCJ's procurement of the CaseLines software, licences, resources, support, and maintenance from TR for the implementation of the Court Online solution was, meanwhile, declared to be a sole-source service provision. In a statement issued by the OCJ, it welcomed the ruling and said the order vindicated the justice office's longstanding opposition to the impugned contract and reaffirmed the organisation's zero tolerance of fraud and corruption. 'The department looks forward to putting in place a lawful and valid contract for CaseLines in fulfilment of its mandate to provide support to the judicial system by rendering effective and efficient court administration services,' the OCJ said. The court online system, where all matters before the court are filed electronically, is currently in use in Gauteng, and it is due to be rolled out to other provinces. A procurement process was initiated in 2021 for the evidence management part of the court online system. Following a sole-source procurement process, the OCJ awarded a contract to Thomson Reuters to provide software, licences, resources, support, and maintenance for 60 months, commencing in April 2022. The OCJ later noted that the three directors involved in the tender were its employees. By then, the three directors had already submitted their resignation letters to the OCJ and were serving their notice period. Their subcontract between their company, ZA Square Consulting, and TR has, meanwhile, been cancelled. The three former employees are Nicolaas Coetzer, Nkosikhona Mncube, and Yvonne van Niekerk.
IOL News
25-05-2025
- Business
- IOL News
Gauteng High Court to review OCJ tender amid procurement irregularities
The Gauteng High Court, Pretoria will this week hear an application by the Office of the Chief Justice for a self review regarding a tender issued for its online court system. Image: Jacques Naude / Independent Newspapers While the Office of the Chief Justice (OCJ) will on Tuesday turn to the Gauteng High Court, Pretoria for the self-review of a tender awarded by its office relating to procurement irregularities in the CaseLine project, three senior OCJ officials who had meanwhile resigned asked to intervene in the application. The matter involved the award of a departmental tender to a company - Thomson Reuters (Professional) UK Ltd (TR) - which had subcontracted to a local company whose shareholders were the three senior OCJ officials. The court online system - where all matters before court are filed electronically - is currently in use in Gauteng and it is due to be rolled out to other provinces. A procurement process was initiated during 2021 for the evidence management part of the court online system. Following a sole source procurement process, the OCJ awarded a contract to Thomson Reuters to provide software, licences, resources, and support and maintenance for a period of 60 months, commencing in April 2022. The OCJ later noted that the three directors involved in the tender were its employees. By then, the three directors had already served their resignation letters to the OCJ and were serving their notice period. Their subcontract between their company ZA Square Consulting and TR has meanwhile been cancelled. The OCJ initiated an application for self-review of the tender awarded to TR. The OCJ, through its then Secretary General, also filed an affidavit in which certain allegations and concerns about the role of the now three former employees - Nicolaas Coetzer, Nkosikhona Mncube, and Yvonne van Niekerk - were raised. The three now asked to be joined in this week's application. They do not oppose the setting aside of the main tender, but they say there are allegations being made in the OCJ's court papers regarding them stemming from the time when they still worked for this office. They maintained that these allegations are defamatory of them and done purely to bring them into disrepute and to harm their future commercial prospects. Thus, they argued, they should be part of the main application so that they could defend themselves. Judge Anthony Millar, however, said to his mind, the main review proceedings will be decided based on the record of the proceedings which are under review. 'Their position is no different from any past employee of any institution whose conduct while employed is to be considered. The right to dignity is not in issue. Either the grounds of review premised on the conduct of the applicants have merit or they do not. The application to intervene lacks any merit and must be refused.' But this is not the end of the matter, the judge said, as Coetzer in his affidavit called into question the honesty and integrity of the Secretary General of the OCJ, who had deposed to the affidavits on its behalf in the review proceedings. The OCJ called these allegations 'scandalous and vexatious,' and Judge Millar chose not to repeat the allegations in his judgment.
The Citizen
19-05-2025
- Politics
- The Citizen
More time for IEC commissioner nominations
The IEC has five commissioners, one of whom should be a judge. A voting station is seen at the Berario Recreation Centre as South Africans cast special votes on 27 May 2024. Picture: Michel Bega/The Citizen The office of the chief justice (OCJ) has once again bowed to pressure from civil society to extend the deadline for the nomination of candidates for selection to serve as commissioners for the Electoral Commission of South Africa (IEC). Sources indicated OCJ had agreed to extend the deadline to 6 June. The decision is in response to concerns from civil society organisations, who objected to the short notice given and the initial deadline of last Friday for the closing of nominations. ALSO READ: 'Can you imagine our system being hacked': MPs sceptical of IEC's e-voting proposal In early 2022, various non-governmental organisations asked former chief justice Raymond Zondo to extend the process for the appointment to fill a commissioner's position. He agreed to do so. The IEC, a Chapter 9 institution, has five commissioners, one of whom should be a judge, and who are appointed for a seven-year term. Expiration of IEC commissioners' term Currently, the commissioners are Mosotho Moepya as chair, Janet Love, Glen Mashinini, Dr Nomsa Masuku and judge Dhaya Pillay. The vacancies exist because the terms for Moepya, Masuku and Pillay expire in November. However, the three qualify to stand for a second term while their fellow commissioners Love and Mashinini were on their second terms. The Cape-based My Vote Counts wrote to Chief Justice Mandisa Maya last week requesting an extension to the deadline. My Vote Counts' political systems leader Boikanyo Moloto said the letter pointed out that the information on the advertised notice did not seem to have been circulated widely. NOW READ: IEC official accused of stealing election ballot boxes sees discharge application rejected
The Citizen
16-05-2025
- Politics
- The Citizen
Pretoria High Court officials suspended amid fraud and corruption probe
Three officials from the Pretoria High Court have been placed on precautionary suspension following allegations of fraud and corruption. This is according to the Office of the Chief Justice (OCJ). 'The three officials, who cannot be named at this time, are suspects in an ongoing investigation by the South African Police Service's Directorate for Priority Crime Investigation (Hawks), looking into fraudulent and corrupt activities in the court. 'The OCJ takes a zero-tolerance approach to fraud and corruption, and the officials were therefore placed on precautionary suspension to allow investigations to proceed without being compromised,' the OCJ said in a statement. News of the suspensions comes days after Chief Justice Mandisa Maya visited the Mthatha High Court in the Eastern Cape, following reports that officials at the court are allegedly involved in a bribery scheme. The scheme reportedly involves soliciting payments from advocates to perform tasks already within the scope of their jobs, including locating missing files, transcriptions, and allocating trial dates. An internal and criminal investigation by SAPS has also been launched in this regard. At the time, the OCJ said it had become aware of the allegations in December 2024. 'Subsequently, the OCJ instituted a forensic investigation in line with the organisation's Fraud Prevention and Anti-Corruption Policy while working closely with relevant law enforcement agencies. 'Accordingly, the department took a prudent approach to releasing specific details on its ongoing investigation to the media so as not to jeopardise any future legal processes or further investigations that may ensue. 'The OCJ reiterates that it is dependent on all stakeholders in the fight against fraud and corruption, including the media, to act in a manner that safeguards the integrity of the processing of legitimate complaints,' the office said. – Breaking news at your fingertips… Follow Caxton Network News on Facebook and join our WhatsApp channel. Nuus wat saakmaak. Volg Caxton Netwerk-nuus op Facebook en sluit aan by ons WhatsApp-kanaal. At Caxton, we employ humans to generate daily fresh news, not AI intervention. Happy reading!
Daily Maverick
12-05-2025
- Politics
- Daily Maverick
Chief Justice to visit Mthatha High Court over bribery allegations
The visit follows the submission of an anonymous letter to the acting Eastern Cape judge president, detailing how Mthatha officials allegedly solicit bribes from attorneys before doing routine tasks. South Africa's Chief Justice Mandisa Maya will visit the Mthatha High Court on Tuesday in the wake of allegations that the court's administrative officials demand bribe payments from attorneys of up to R15,000 before processing civil cases before the court. The Office of the Chief Justice, the government department that provides administrative support to South Africa's high courts and judges, confirmed on Friday night that Maya will be briefed in Mthatha by acting Eastern Cape Judge President Zamani Nhlangulela. 'The OCJ appreciates the public interest generated by the perception of impropriety in the Mthatha High Court and is prepared to account fully and transparently to the public on this matter in due course,' it said. It was the department's first acknowledgment of the existence of an anonymous letter of complaint submitted to Nhlangulela and then acting deputy judge president of the Mthatha court, Bantubonke Tokota, in December 2024, and the first indication that Maya was attending to the allegations of corruption contained in the letter. Earlier, Minister of Justice and Constitutional Development Mmamoloko Kubayi expressed 'grave concern' over the 'deeply troubling and wholly unacceptable' allegations. Kubayi briefly met Mthatha judges and court manager Mzwabantu Mhlontlo last week following a visit to the family of prosecutor Elona Sombulula, who was shot dead outside his home in Bityi on 29 April. She committed to 'ensuring the integrity of the courts and protecting the rights of all who rely on the justice system', directing officials in her department to work closely with other government officials to verify the allegations and ensure a thorough investigation was carried out. The anonymous letter detailed how Mthatha officials allegedly solicited bribes from attorneys before doing routine tasks such as retrieving supposedly 'missing' case files (for a bribe of R2,000 per file), allocating court dates (a bribe of up to R15,000 per date), transcribing court orders (R5,000) and expediting the taxation of legal costs (R15,000). The letter named nine officials accused of extorting bribes. These officials work in various departments and range from junior typists to senior managers. They included the court's registrar, Babalwa Sidima. Both Maya and the OCJ kept mum for five months about the letter and the allegations it contained. On 5 May Daily Maverick published details of an investigation by the Southern Africa Accountability Journalism Project to corroborate the allegations in the letter, including interviewing more than 20 attorneys and advocates who regularly work in the Mthatha court. The gist of that investigation was that 'blatant' corrupt practices in the Mthatha court went back over two decades, were an open secret and known by 'everyone', although attorneys were unwilling to come forward with formal complaints for fear of being victimised by their colleagues or court officials. Reporters sent a detailed request for comment to the two senior EC judges, and copied it to Maya, the acting superintendent general in the OCJ, advocate Marelize Potgieter, and OCJ spokesperson Lindokuhle Nkomonde. In response the OCJ said it had 'zero tolerance for fraud and corruption' and treated such complaints 'with seriousness, urgency and sensitivity'. But it also warned journalists 'to act in a manner that safeguards the integrity of the processing of legitimate complaints'. Friday night's OCJ statement on Maya's visit to Mthatha reiterated this reference to 'all stakeholders in the fight against fraud and corruption, including the media' safeguarding processes. The statement also revealed that the OCJ had instituted a forensic investigation after receiving the December 2024 anonymous letter and was working closely on the matter with 'relevant law enforcement agencies'. It said that on Tuesday Maya will be briefed by Nhlangulela and will discuss expediting the roll-out of the Court Online system in the division, the OCJ confirmed. Court Online is an electronic system that allows attorneys' firms and litigants to manage court administrative processes in their cases before the court – including the submission of documentation such as affidavits – online. It has been fully implemented in the Gauteng High Court and is being rolled out across the country. In her comments through spokesperson Terence Manase, Kubayi also raised the prospect of the online platform 'reducing opportunities for misconduct', through 'automated court date allocations to help prevent fraudulent practices such as the selling of court dates'. She confirmed that training for Court Online users at the Mthatha High Court would be conducted in the coming weeks. Representative bodies for legal professionals in the Eastern Cape also commented on the corruption allegations. The Mthatha chairperson of the National Association of Democratic Lawyers, Odwa Nyembezi, said that no formal complaints had been brought forward 'but as practising attorneys, we have heard rumours. If this is true, this would delay the justice clients so desperately seek. Practitioners who have been affected should come forward.' Wild Coast Attorneys' Association chairperson Vuyani Msindo agreed that it was impossible to act on rumours: 'As things stand, no one has come forward to say court officials have solicited bribes from them. Our hands are tied because all we have now is hearsay.' The Black Lawyers Association's EC deputy chairperson, Odwa Mgxaji, dismissed the corruption allegations as unfounded, while stating the organisation was 'aware of orders getting delayed and files going missing'. Delays were due to the large number of law firms in Mthatha and the volume of litigation against the Road Accident Fund. 'Act decisively' Academics in the University of the Western Cape's law faculty called on the Legal Practice Council to 'act decisively and institute proceedings where necessary' against attorneys involved in bribery of Mthatha officials. Professors Abraham Hamman and Robert Nanima acknowledged that providing infrastructure and technology to digitise systems was crucial in preventing corruption and ensuring efficiency in the courts. They said 'the only effective way' to address this corruption was 'to hold offenders accountable, whether through disciplinary action or criminal prosecution'. 'Lawyers must refrain from any conduct that involves paying or accepting bribes; such conduct is criminal and violates professional ethics. They must firmly and unequivocally reject any hint of bribery or quid pro quo arrangements. If approached by an official requesting payment for favours, lawyers have a duty to report such behaviour to that person's superiors.' But, the academics said the lack of whistle-blower and witness protection discouraged people from coming forward with information about corruption, and to testify under oath in criminal proceedings before the courts. 'The legal system requires formal charges, affidavits and testimony that can withstand cross-examination. Only when we reach this level of accountability will we be able to successfully prosecute offenders. 'One reason bribery occurs is that individuals believe they can get away with it, and there is a lack of accountability. The slow pace of justice and clogged court rolls create opportunities for unethical shortcuts.' The academics said that while there was 'no clear evidence to suggest that corruption' within the courts was systemic, 'the broader issue of systemic corruption in the country', as highlighted by the State Capture Commission, underpinned corruption by court officials. DM
