High Court Orders SAPS to Pay R644 Million for Critical Policing Software

A Long-Running Dispute Finally Reaches Its End

After years of delays, courtroom arguments, and mounting frustration, the Gauteng High Court has delivered a decisive ruling against the South African Police Service. SAPS has been ordered to pay R644 million to Forensic Data Analysts (FDA) for forensic software that has quietly powered some of the country’s most critical policing functions.

The judgment, handed down earlier this month by Judge Sulet Potterill in Pretoria, brings closure to a dispute that many in the legal and policing sectors have described as emblematic of deeper problems around state procurement, accountability, and service delivery.

Software That Keeps The System Running

At the heart of the case is software that SAPS relies on daily to do its job. These systems help police track firearms, manage evidence, and analyse intelligence. According to the court, FDA was the sole provider of three core systems used nationwide: the Firearm Permit System, the Property Control and Exhibit Management System, and the Visual Analysis Anacapa Matrix Intelligence Solution.

Judge Potterill made it clear that these tools are not optional extras. She noted that they are central to national security, public safety, and the integrity of the criminal justice system. Despite this, SAPS continued using the software for years without paying what was owed.

Promises Made, Payments Withheld

The dispute traces back to an oral agreement allegedly concluded in January 2020 at the Presidential Guesthouse in Pretoria. FDA argued that SAPS agreed to purchase the intellectual property behind the software. SAPS denied this, saying the agreement was never signed and did not follow procurement rules.

The court was unconvinced. Judge Potterill criticised what she described as years of evasive conduct, comparing the saga to a prolonged game of cat and mouse. She pointed out that despite repeated court orders and assurances, SAPS failed to honour its commitments while continuing to rely on the systems around the clock.

When The Systems Went Dark

One of the most striking moments in the case came when FDA briefly switched off the software after payments stopped. Support staff were withdrawn, causing alarm within the policing system. The State Information Technology Agency later switched the systems back on without authorisation, and SAPS continued using them without compensating FDA.

Earlier court findings had already established that SAPS did not own the software outright and was operating under licensing arrangements. A 2021 court order even allowed SAPS to keep using the systems temporarily, warning that shutting them down could plunge the criminal justice system into crisis.

The Court’s Final Word

In her ruling, Judge Potterill rejected SAPS’s argument that performance of the agreement was impossible. She noted that former national commissioner Khehla Sitole did not testify about alternative systems or explain why payment could not be made. That failure, she said, was fatal to SAPS’s defence.

The court ordered SAPS to sign the written contract reflecting the original agreement, failing which the sheriff may sign on its behalf. Beyond the R644 million purchase price, SAPS must also pay an additional R120 million for maintenance and support services.

A Costly Lesson For The State

While the legal battle may be over, the financial and reputational damage remains. The case raises uncomfortable questions about governance, procurement oversight, and how critical state services are managed. For SAPS, the bill now stands at more than R760 million. For taxpayers, it is another reminder of how costly unresolved disputes can become when accountability is delayed.

{Source:IOL}

Follow Joburg ETC on Facebook, Twitter , TikTok and Instagram

For more News in Johannesburg, visit joburgetc.com