But he said the liquidators were negotiating a settlement that would benefit the state-owned enterprise for up to R1.5 billion.
Director of Swifambo Rail, which was awarded contracts by the Passenger Rail Agency of South Africa (Prasa), Auswell Mashaba was summonsed to testify on Wednesday. But his lawyers said he wouldn’t be appearing.
Former Prasa CEO Lucky Montana contends that Mkhize appointed individuals to receive and channel money on behalf of the ANC from the controversial Prasa Swifambo tender in 2016.
Blade Nzimande on Monday welcomed the Constitutional Court's decision, which dismissed an application by Swifambo Rail Leasing.
The apex court dismissed an application by Swifambo Rail Leasing which had sought leave to appeal a decision to set aside its R3.5 billion contract with the rail agency.
The Supreme Court yesterday dismissed an application by Swifambo Rail Leasing, which had tried to appeal a decision to review and set aside Prasa's controversial Afro 400 locomotive contract.
Prasa's Khanyisile Kweyama says Swifambo breached the contract as it only delivered 13 out of the 70 locomotives which are also unsuitable for the country's railways.
The High court in Joburg found the tender was rigged to favour Swifambo, a company that used its BBEE to front for a Spanish manufacturer.
Prasa Board says the rail agency did not get any use out of Spanish-built locomotives purchased through an irregular tender.
