Prasa in fight to get ill-fitting locomotives back

The pricey locomotive tender gained notoriety after news emerged that the locomotives were too tall for certain portions of the tracks on which they were meant to run.

As a result of Swifambo not owning the locomotives, his company can’t be held accountable for the billions of rands paid for the trains, he argues. In November, the Supreme Court of Appeal , found that the entire contract for the supply of 70 locomotives was irregular and set it aside. The contract was worth about R3.5 billion.

In 2015 City Press’ sister publication, Rapport, revealed that the locomotives in question were not fit for the purpose Prasa needed them. “The conduct of the liquidators in treating the locomotives as the property of Swifambo and treating them as a claim by Prasa against Swifambo prejudices Swifambo’s position as well as that of the shareholders and the director [Mashaba],” state the court papers.Mashaba further argues that Prasa in February found that the locomotives could be deployed in the Free State, Northern Cape and the Eastern Cape, subject to certain alterations being done.

Mashaba’s contention that the 13 Afro-4000 locomotives are not the property of Swifambo is disingenuous, argues Müller, because Vossloh España had delivered the trains to Swifambo as part of the subcontract between the two entities.

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