Govt sued for P10m spying equipment

Dukef Holdings (Pty) Ltd, which specialises in military equipment, won the tender valued at US1,529,000, about P9,938, 500, for the supply, delivery and installation of GSM Cellular and computer systems with encryption types A:5, S:52 and A5:3 for BPS. 

The company was awarded the controversial tender on 8 May two years ago. The equipment was to be used to eavesdrop on the cell phone and electronic mail conversations of citizens without detection.

The spy network was supposed to work on both non-encrypted and encrypted networks completely independent of the service provider. Court documents reveal that on July 2008, the government accepted an invitation from Dukef Holdings to attend a factory test in Dubai.

On the 12 August 2008, the documents revealed that two police officers issued a factory acceptance test certificate from Dubai authorising one of the local banks to pay the supplier.

However, allegations are that the relationship between government and the supplier went sour after it emerged that equipment supplied were not the type ordered by the police.  Court documents reveal that on June 2009, the government cancelled the contract with the company due to non-delivery of the equipment as per the tender specifications.

Police authorities apparently blamed the officers who had been assigned to procure the equipment because of its shortcomings. It has also been revealed that an assistant commissioner and a superintendent, who were involved in the procurement of the equipment were investigated by the Directorate on Corruption and Economic Crime (DCEC) on suspicion of receiving bribes.

The trial has been set down for 30 November and December 1st.  The case is before Chief Justice, Maruping Dibotelo.  Dibotelo has ordered that Dukef Holdings, which is represented by Sadique Kebonang, while Attorney General on behalf of the Police, is represented by Attorney Itseng and Public Procurement and Asset Disposal Board, as the 2nd respondent is represented by Tendai Mandikate, shall serve and file their witness statements on or before 31 October 2010.

On the possibility of a settlement, Justice Dibotelo ordered that the parties should continue discussions.