SAPS says criminal justice system not about to grind to a halt

The SA Police Service has responded that one of their key suppliers shutting down its systems will not bring their operations to a standstill.

In a statement on Thursday, spokesperson Brigadier Vish Naidoo said that the SAPS and the State Information Technology Agency (SITA) had noted the media statement as well as subsequent media reports that “certain critical infrastructure systems within the SAPS”  had been shut down.

“We can confirm that certain systems have indeed been shut down and while the shutting down of the said systems is likely to affect the efficiency of certain operations within the SAPS, they, however, do not completely bring operations to a halt. To ensure that operations can continue unhindered and that service delivery is not compromised, contingency plans have been put in place.

“In the meantime, we are seeking legal advice on this matter and we will act accordingly. Also, we will not be giving out specifics given that there are serious security implications and that we may potentially need to act on the legal advice if necessary.”

Earlier on Thursday, Parliament’s watchdog on public accounts said it was shocked that a supplier of the South African Police Service (SAPS) “can hold the whole country to ransom “by threatening to bring the criminal justice system to a halt.

The standing committee on public accounts (Scopa) was reacting to a message circulated by former police officer turned businessman Keith Keating of Forensic Data Analysts (FDA), a company allegedly linked to corruption charges against former acting police commissioner Khomotso Phahlane.

In the statement from FDA, Keating said key elements of the criminal justice system, including the Property Control and Exhibit Management (PCEM) and Firearm Permit System (FPS), for which FDA supplies services to SAPS, could collapse if the SAPS did not pay it for services rendered.

“This raises the question of whether the South African Police Service is renting this equipment from Forensic Data Analysts or owns it because from what the committee understands FDA is said to be handling the maintenance of this system only,” Scopa said in a statement.

“Therefore, it is really puzzling as to why one man can have such power over equipment that is owned by the government. If this equipment has been bought by the government, what gives FDA the right to switch it off?”

Last year, Scopa told police management to stop paying FDA because of questions around the legality of contracts between the company and Sita, which procures IT equipment on behalf of government.

FDA, in its statement, said it had been providing maintenance and support services for the PCEM and FPS to the SAPS, but had not been paid in the past few months.

“On Wednesday, 4 April 2018, at midnight, use of and access to proprietary licensed software and ancillary support services in respect of PCEM and FPS will unfortunately be suspended by FDA, unless an appropriate agreement could be reached with SAPS before system shutdown,” the late night statement said.

“SAPS and other stakeholders have been duly warned about the risks involved, but have acquiesced regardless of the impacts. The minister was informed and his office was the only one to respond stating the national commissioner of police had been requested for feedback.”

FDA claims police officers may not be able to log on or off for duty, may unlawfully be able to check out and use firearms, and may not be able to access and manage evidence in the Forensic Science Laboratory.

“The chain of custody may be broken of millions of exhibits in the Forensic Science Laboratory. The NPA may be unable to remove evidence to be used in court proceedings. The Republic of South Africa may be in breach of certain international treaties involving Interpol and the United Nations,” FDA claimed.

“FDA has informed the SAPS and Sita that to continue providing critical services to SAPS, directly or through Sita, is unjustifiable and irresponsible in circumstances where payments are unlawfully withheld and where FDA will receive no payments in the foreseeable future. FDA has funded their operations and services to SAPS and SITA without receipt of any remuneration since December 2017.”

– Additional reporting, ANA