5bn Prasa train dispute takes a new turn

KEEPING TRACK: Passenger Rail Agency of SA has launched a forensic investigation into the relationship between Swifambo Rail Leasing and an allied company‚ the Siyaya Group
KEEPING TRACK: Passenger Rail Agency of SA has launched a forensic investigation into the relationship between Swifambo Rail Leasing and an allied company‚ the Siyaya Group
The Passenger Rail Agency of SA (Prasa) has launched a forensic investigation into the relationship between Swifambo Rail Leasing‚ the company it has taken to court‚ and an allied company‚ the Siyaya Group.

Swifambo‚ a black empowerment entity‚ was awarded a contract for locomotives that later ballooned to almost R5-billion.

Siyaya Group is a holding company involved in rail projects and its subsidiary‚ Siyaya DB‚ has contracts relating to Prasa’s rail signalling upgrade programme‚ valued at more than R7-billion.

Last month‚ Prasa applied to the Johannesburg High Court to set aside Swifambo’s contract to supply it with 70 locomotives from manufacturer‚ Vossloh Espaa.

Prasa wants the contract set aside due to findings of “alleged ... fraud‚ corruption and gross irregularities” made by the auditor-general and the public protector.

In an affidavit submitted to the high court‚ Prasa board chairman Popo Molefe revealed that Swifambo and Vossloh did not appear on the tender collection register or the attendance register for a compulsory briefing for potential bidders held in November 2011. Molefe said Swifambo was formed only four months before the tender was awarded in 2012‚ and could‚ therefore‚ not have had any rail experience.

Instead‚ Swifambo’s tender documents were collected by a representative from “S Group”. The tender documents were paid for by S Group Holdings‚ using the reference Swifambo.

“I assume that they did so as an agent for Swifambo‚” Molefe said in the affidavit.

Siyaya Group‚ which on its website also referred to itself as S Group‚ pulled down its website last week.

When asked to clarify the relationship between Siyaya Group and Swifambo Rail Leasing‚ Prasa spokesman Victor Dlamini said they were the “subject of a forensic investigation”.

Swifambo promised to provide clarification‚ but did not respond to questions.

The tender collection register reflected 18 potential bidders and the attendance register 27.

However‚ only six bids were received.

Molefe also cited the auditor-general’s finding that Swifambo was awarded the contract based on the capabilities of the manufacturer‚ Vossloh‚ and not Swifambo’s own. However‚ it seems Prasa previously awarded Siyaya DB an R80-million contract to provide professional services on an R800-million resignalling project‚ under similar conditions.

There were allegations that Siyaya DB did not have the necessary skills and experience for the contract lodged with the public protector during an investigation into maladministration.

The complainant said the contract was awarded because of a friendship between former Prasa chief executive Lucky Montana and Siyaya Group founder and former government official‚ Makhensa Mabunda.

The public protector found that there was no evidence of a friendship between Mabunda and Montana or that the contract was awarded to the former on the grounds of friendship. The public protector also found that the contract had not been awarded improperly. — BDLive

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