A full bench of judges at the Supreme Court of Appeal in Bloemfontein is expected to hear arguments on Thursday in a case between Swifambo Rail Agency and the Passenger Rail Agency of South Africa (Prasa).
Swifambo is appealing against a high court decision that set aside the multi-million rand contract for new locomotives that was awarded to the company.
Prasa had brought an application against Swifambo in the high court in Johannesburg to nullify the locomotive agreement.
The rail agency argued that there had been several irregularities in the procurement process.
In handing down judgement, Judge J Francis found that the locomotives acquired under the contract were not evaluated by the committee responsible for the technical evaluation.
This resulted in the diesel locomotives that were required, exceeding the maximum height specified.
The court states that the deviation from that which was offered in the Swimfambo ‘s bid renders the provision of locomotives unlawful.
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