Court orders govt to stop using IT system

A High Court order against the Department of Human Resource Management and Development (DHRMD) poses some challenges in disbursement of loans and terminal benefits, Nation on Sunday has learnt.

The order, issued to a private IT firm Globe Computer Systems Limited on June 27 this year, stops DHRMD, its servants, agents and employees from working on or being engaged on any works or assignments on this system.

This system, known as Global Human Resource Management Information System (HRMIS), keeps data to operationalise the loans and terminal benefits modules.

Globe Computer Systems, the claimant in the case, sued Ruwan Sanjeewa Kahawattage and his firm, Technozone IT Solutions Limited, for infringement of copyrights in the Global HRMIS when they were engaged by government to improve the system, developed by Global Computer System earlier in 2002.

Kahawattage, a former employee of Globe Computer Systems, moved on to form his own firm Technozone IT Solutions Limited and is now accused of using confidential information obtained at Globe Computers System when his firm was engaged by government to improve Global HRMIS.

The injunction is in full force and it has jilted Attorney General Thabo Chakaka-Nyirenda to join the case to represent interests of the State, at risk of either being in contempt of court if they do not comply with the court order or have some operations affected.

Chakaka-Nyirenda said in an interview the court in Blantyre nodded to his chamber’s application to join the matter and this would give government a platform to state what happened.

The AG said when government engaged Globe Computer Systems to develop and manage the system; the firm handed over source code and password at the end of the contract, which was a requirement.

He explained the lawsuit by Globe Computer Systems against Kahawattage and Technozone IT Solutions Limited came about when these two respondents in the case were engaged to modify the system at DHRMD.

The AG disclosed their initial battle would be to have the injunction removed to avoid any inconveniences.

Globe Computer Systems, according to the court documents, wants the court to declare that the first defendant, Kahawattage, being ex-employee of Globe, breached confidentiality and fidelity duty to the claimant in participating in the bid for the review and modification of the Global HRMIS and his engagement in the Auction Holdings Limited (AHL) TSS.

Globe is also claiming damages for breach of contract of employment and unlawful use of confidential information. The claimant is also seeking $43 000 (about K44 million) and or an account of the profits he earned whilst working for the AHL TSS project.

Globe Computer Systems, being represented by lawyer Benard Ndau, further sought a permanent order of injunction restraining the defendants, their servants, agents or employees from using the confidential information without the authority and approval of the claimant.

The injunction restrained the defendant from working on or being engaged on any works or assignments related to the Global HRMIS which is used by the Malawi Government or the AHL TSS.

Globe seeks damages for the breach of copyrights owned by them and general damages to be assessed and to be condemned for costs of the action.

Spokesperson at DHRMD, Ken Ntonga, said in a response to a questionnaire that they are not affected much with the injunction because the project was only meant to operationalise the loans and terminal benefits modules, which only form part of other modules in the HRMIS.

Ntonga said the day to day operations would not be interrupted by the work which involves only the two mentioned modules.