The director of the now-liquidated front company that imported unsuitable locomotives to SA has launched a fresh legal bid to avoid being held financially liable for the ill-fated transaction. The trains formed part of a R3.5-billion deal that was labelled as corrupt in two consecutive court rulings.
In a new court application lodged at the end of August, Auswell Mashaba, the director of the front company Swifambo Rail Leasing, is seeking a declaratory order that would allow his liquidated company to avoid a huge claim of just over R2.6-billion from the Passenger Rail Agency of South Africa (Prasa).
Mashaba also wants the North Gauteng High Court in Pretoria to grant him a declaratory order that would prohibit the liquidators of Swifambo to treat 13 Afro4000 locomotives as assets of the liquidated company.
An auction for the Afro4000s kicked off at the start of September, the proceeds of which are to be used by Swifambo’s liquidators to help settle several claims against the company. But Mashaba followed up his initial application with an urgent application through which he wants to stall the auction until the court has ruled on the main case.
In the main application, Mashaba somewhat bizarrely relies on…