SAP ordered to repay DWS after contracts set aside
Multinational software company Systems Applications Products (SAP) has been ordered to repay the Department of Water and Sanitation (DWS) R413-million after two software licence and support agreement contracts to the value of more than R1-billion were declared constitutionally invalid and set aside by the Special Tribunal.
A Special Investigating Unit (SIU) probe into the affairs of DWS revealed that the department irregularly concluded software licence and support agreements between 2015 and 2016 with SAP.
The R413-million represents the total amount paid by DWS to SAP pursuant to the 2015 and 2016 software licence and support contracts.
According to the order, SAP is required to pay DWS R263.28-million within five days of the date of the order, with any remainder to be paid after the Special Tribunal’s determination of whether any further amount should be deducted from the amount due.
The disputed amount of about R83-million for third-party costs incurred by SAP and the no-profit principle will be adjudicated on by the Special Tribunal and a further order made as to the repayment of any portion of the R83-million to DWS.
DWS may not use any of the software licensed under the 2015 and 2016 licence agreements.
The outcome of the Special Tribunal order is a continuation of implementation of the SIU investigation outcomes and consequence management to recover financial losses suffered by State institutions, the DWS said in a statement.
Other matters enrolled in the Special Tribunal are still awaiting adjudication, to the combined value of R2.1-billion, and will result in further recoveries for the State.
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