Airlink has accused SAA of helping itself to its money and is taking the state-owned carrier to court in a fresh action to recover almost R1bn in revenue.

Airlink reportedly told The Citizen it would not rule out pursuing Public Enterprises Minister Pravin Gordhan and the department’s DG Kgathatso Tlhakudi, as shadow directors, in a derivative action, as well as other board members personally to recover the funds.

Airlink chief executive Rodger Foster said: ‘We won’t rule out any recourse available to us. We realise that we’re not alone among creditors, with claims amounting to about R32bn, but there is a difference. Other creditors were suppliers and service providers, whereas SAA as the franchiser always performed services on Airlink’s behalf. We cannot reconcile with how unscrupulously SAA, as a state-owned enterprise, helped itself to Airlink’s property.’

In SAA’s business rescue plan, Airlink was named as a concurrent creditor, so would receive no preferential treatment.

SAA contends that post business rescue, it owes Airlink nothing.  It spent Airlink’s money before going into business rescue.

In its application, Airlink wants to be classified as a post commencement creditor, as SAA failed to transfer money collected for tickets flown. Airlink considers non-payment a post commencement default.

According to the court docket, Airlink is claiming R473m for flown ticket revenue by December 2019, comprising R418m for flights operated in November 2019 and R54m for flights flown during the first few days of December.

It claims SAA also owes Airlink R424m in unflown ticket revenue.

A previous attempt to recover more than R500m in ticket sales from SAA was dismissed on appeal after the Gauteng High Court (Johannesburg) dismissed an initial application.

Foster believes there is a good chance of success in this latest round of litigation.

Full report in The Citizen