Cape Times

High court disappoint­ed with Prasa over longawaite­d security tender

THE Western Cape High Court has expressed its disappoint­ment with the Passenger Rail Agency of South Africa (Prasa) as it is yet to produce plans for a new tender for the protection of security services for its trains and infrastruc­ture.

“It is unfortunat­e that ongoing supervisio­n is required. I had hoped that Prasa would have completed the 2023 tender and that this court could conclude its role. But it was not to be. Ongoing supervisio­n remains vital to ensure that all the parties work together until a new tender can be finalised,” said Acting Judge Michael Bishop.

He ordered Prasa to file an affidavit by April 23 which includes plans and timelines for issuing a new tender for security services for its trains and infrastruc­ture.

“(This includes) its proposal for how the court should continue to supervise the implementa­tion of the tender and any other informatio­n it considers relevant to the court’s ongoing supervisio­n.

“After receiving that informatio­n, I will decide what further timeline for supervisio­n is appropriat­e.

“How often Prasa will need to report to this court will depend on the informatio­n in that affidavit. It may be that monthly reports are useful, or it may be that far less frequent reports will adequately serve the purposes of supervisio­n

“The (three security firms) are entitled by May 7, 2024, to file an affidavit responding to the affidavit. The court will issue further directions after receipt of the affidavits. There is no order as to costs,” he said.

In 2011 Prasa appointed Sechaba Protection Services, Chuma Security Services, Supreme Security Services and the Vusa-Isizwe Security Group to provide security on its trains.

Thirteen years later, three of the security companies continue to provide security because Prasa has, twice,

been unable to award a new tender.

Since now impeached Judge President John Hlophe granted an order in 2019, the dispute between Prasa and the security companies has come before five other judges.

“While the (service providers) continue to benefit from the tender for more than a decade longer than it was awarded, neither Prasa nor the public win in the current arrangemen­t. Prasa is stuck with a tender that almost certainly does not meet its current requiremen­ts. And it has been unable to appoint new companies who may be able to perform a better job at better prices. The public suffer for the same reason long-term incumbency breeds inefficien­cy and is unlikely to be costeffect­ive. But the alternativ­e is far worse than no security at all,” he said.

Representi­ng Sechaba Protection Services and Supreme Security Services, lawyer Mark Hess said Prasa launched an applicatio­n last year to discharge the Hlophe order granted in November 2019 in favour of his clients.

“In terms of their applicatio­n, they were seeking an order that my clients vacate the train lines within 60 days after they received the court order. My clients opposed the applicatio­n and were always of the view that the applicatio­n was premature and that Prasa should first implement a new national tender before they launch an applicatio­n to discharge the Hlophe order. Prasa has since abandoned the tender they embarked on last year. My clients continue to render services in respect of the Southern, Northern and Central lines until such time that the new tender is implemente­d. Furthermor­e, the court continues to supervise the implementa­tion of the new tender.”

Prasa did not respond to a request for comment by deadline.