Brilliant Telecommunications has failed in its bid to prevent the City of Tshwane from revealing documents showing why the metro awarded a crucial R585m IT contract to the company, which allegedly does not seem to have the capability to execute the work.

The Gauteng High Court (Pretoria) on Monday dismissed Brilliant’s application for leave to appeal the court's order that the metro release contractual documentation, Fin24 reports.

This concerns its decision to award it the tender to manage the city's Wi-Fi, telephone and radio networks, voice, Internet and other data services.

Technology company Altron, which had managed the contract for 18 years, sought the documentation as it ultimately aims to have the court review and set aside the contract.

In April, Tshwane awarded the three-year contract to Brilliant, even though the company had put in a R74m bid, leaving questions on the R511m difference.

Altron was awarded a R44m hardware contract as part of the tender.

Altron provided the court with evidence alleging the award to Brilliant was irregular as the company does not seem to meet the requirements to execute the work, which is a crucial link for the Tshwane residents to connect with critical and life-saving services such as medical emergency and fire teams.

In September, the same court, with Judge Irene de Vos presiding, compelled the metro to hand over all the contractual documentation to Altron.

Now that the appeal bid to keep the tender documentation concealed has failed, the metro and its contractor will have to show that the tender process was procedurally legal.

In its initial case, Altron claimed Brilliant did not meet the requirements set by the municipality to award the tender, which included the fact that the winner had to be in possession of at least two licences from Icasa.

Further, notes the Fin24 report, Altron highlighted to the court that Brilliant allegedly did not have the technical expertise to operate and maintain the municipality's existing IT infrastructure as it was not affiliated to and neither had agreements with Alcatel-Lucent and Huawei, which supplied the infrastructure. 

Full Fin24 report