Court mandates SAPS to pay R644m to FDA for software services

A PROTRACTED legal dispute concerning the South African Police Service (SAPS) defaulting on a payment agreement with Forensic Data Analysts (FDA) has concluded with a court order compelling SAPS to pay R644 million.

- ZELDA VENTER

The payment was due for the use of the FDAs software programs, which are essential for core services like the tracking and tracing of evidence.

This is for the purchase price for the intellectual property in the computer programs, Gauteng High Court Judge Sulet Potterill ordered in a judgment delivered earlier this month.

This followed a civil lawsuit by IT services provider FDA and Investigative Software Solutions (plaintiffs), which have been embroiled in protracted legal proceedings with the National Commissioner of SAPS over the use of the software.

Despite promises over the years and numerous court orders, the SAPS did not honour its contract.

In the opening to her judgment, Judge Potterill commented: “Upon hearing the evidence in this matter, the idiom ‘playing cat and mouse involuntarily comes to mind; the one party repeatedly attaining a certain outcome with the other party repeatedly evading the outcome by cunning, or deception through contrived action”

The judge added that “this cat and mouse pursuit was prolonged and in normal circumstances there is no clear winner or resolution, but herein either the cat or the mouse must win”.