Swifambo Rail Leasing has welcomed the High Court’s decision granting it leave to appeal a July 3 judgment to set aside a locomotive supply contract awarded to Swifambo by the Passenger Rail Agency of South Africa (PRASA).
In July, the court ruled that PRASA’s R3.5-billion contract with Swifambo, which was signed in 2013, must be set aside.
The leave to appeal was granted directly to the Supreme Court of Appeal (SCA) and effectively suspends the order setting aside the locomotives contract until the SCA rules on the matter.
The judgment by Johannesburg High Court Judge J Francis agreed with the company’s legal arguments, led by Advocate Dali Mpofu, that there was a possibility that another court would reach a different conclusion, Swifambo said in a statement.
“We are pleased that the High Court has agreed with our legal grounds to challenge the judgment, which we believe can be overturned by the SCA. We are confident in the merits of our case and that the SCA will reverse the High Court judgment,” said Swifambo executive chairperson Auswell Mashaba.
“We have always maintained that Swifambo, as an innocent tenderer, should not be punished for PRASA’s alleged transgressions,” he concluded.