The site is recruiting for the 2017 academic year.
Huntlia Technology has made the claim, alleging it pitched the idea to the department in 2012 but was reportedly turned down.
Huntlia has taken the government department to court.
The department has confirmed receipt of notice of motion from the magistrate court on the matter.
“We have noted with concern the accusation levelled against the department by Huntlia Technology claiming the department is using their Online system concept without crediting them,” says the Department of Education.
The department says it is still considering the matter and will respond accordingly in due course and is not at liberty to divulge any further information regarding the summons at this point as the matter is sub judice.
“The department will wait for a court ruling on the matter before taking further action.”