Legal Articles and Guides
Aviation law is the branch of law that concerns flight, air travel, and associated legal and business concerns. Some of its area of concern overlaps that of admiralty law and, in many cases, aviation law is considered a matter of international law due to the nature of air travel. However, the business aspects of airlines and their regulation also fall under aviation law. In the international realm, the International Civil Aviation Organization (ICAO) provides general rules and mediates international concerns to an extent regarding aviation law. The ICAO is a specialized agency of the United Nations.
Home Affairs Minister Malusi Gigaba is planning to go to the Constitutional Court to fight the Oppenheimers in a legal matter that a City Press report says threatens his Cabinet position. Gigaba has so far lost battles with Fireblade Aviation, owned by the wealthy Oppenheimer family, with the courts agreeing with Fireblade that Gigaba granted it approval for a private terminal at OR Tambo International Airport.
The Guptas have returned their Bombardier jet to SA after the Canadian bank that financed the aircraft asked the court to hold them in contempt for failing to deliver the aircraft on time. The jet registered as ZS-OAK flew from Dubai on Friday and landed at Lanseria Airport.
Trade union Solidarity’s officially announced yesterday it would apply to the High Court for an order to place SAA in a business rescue process under the Companies Act, notes a Business Day report. Earlier this week it invited Public Enterprises Minister Pravin Gordhan and Finance Minister Nhlanhla Nene to join its application.
Home Affairs Minister Malusi Gigaba's bid to overturn a High Court judgment that found he had lied under oath in his legal battle with the Oppenheimer family failed in the SCA yesterday when the court dismissed his application for leave to appeal, saying there was no reasonable prospect of success, notes a BusinessLIVE report.
The Gauteng High Court (Johannesburg) has ruled that a Bombardier Global 6000 aircraft which the Gupta family was leasing, must be handed over to the applicants and stored at Lanseria airport. The court also ruled that the family and its companies were interdicted and restrained from using the aircraft.
Counsel for the Guptas told the Gauteng High Court (Johannesburg) that there was no urgency in the urgent application brought against the family to ground a Bombadier Global 6000 aircraft it was leasing, but the judge is expected to deliver a decision within seven to 10 court days.
Canada’s state export bank says it went to court to ground the ZS-OAK jet of the Guptas to stop the family from using it to commit crimes or flee from justice, notes a Business Day report. The Guptas could use the aircraft ‘to flee the country or for some other illicit purpose, for example taking money out of the country unlawfully’, Export Development Canada (EDC) said in an affidavit filed in the Gauteng High Court (Johannesburg).
SAA may be a step closer to recovering a debt of about R1.5bn from Angola for ticket sales following talks between the International Air Travel Association (Iata) and the Angolan central bank and finance and transport ministries. A Business Day report notes SAA and TAAG Angola Airlines signed a code-share agreement earlier in January on their direct flights between Johannesburg and Luanda and Cape Town and Luanda, despite the long-overdue debt.
The Oppenheimer family have turned yet again to court to try to enforce an order to operate immediately an international customs and immigration service component at their company Fireblade’s VVIP centre at OR Tambo International Airport. A report in The Mercury says the hope is that this can now be achieved by 12 February at the latest. This was after Gauteng High Court (Pretoria) Judge Sulet Potterill in October last year gave Fireblade the green light to run the customs and immigration services.
Home Affairs Minister Ayanda Dlodlo will approach the SCA to challenge the Oppenheimer family’s court victory in October to run a private international terminal at OR Tambo International Airport. A Business Day report says on Friday the department lost the second round in a battle that has pitched the Oppenheimers against the Guptas when the Gauteng High Court (Pretoria) dismissed its application for leave to appeal against the October judgment.
The Oppenheimers’ plans to run customs and immigration services at OR Tambo International Airport is on hold for now, pending the outcome of possible appeal proceedings against last month’s Gauteng High Court (Pretoria) judgment in favour of the family, notes a Pretoria News report.
The Oppenheimer family’s company Fireblade has won its legal battle in the Gauteng High Court (Pretoria) with Judge Sulet Potterill declaring former Home Affairs Minister Malusi Gigaba did indeed give the company the go-ahead to run a customs and immigration service at OR Tambo International Airport. A report on the IoL site says the approval was granted last year, but it was revoked a few days later, apparently following pressure from the Gupta family.
Cash-strapped state-owned airline SA Express is facing an application for liquidation because it cannot pay its debts, says a BusinessLIVE report. The application has been brought in the Gauteng High Court by aircraft leasing company Solenta Aviation on the basis of the non-payment of R87.3m and will be heard on 11 August if it is not opposed. But SA Express acting CEO Victor Xaba said the airline did intend to oppose the application because of a dispute over the amount owed.
The Gauteng High Court (Johannesburg) has awarded Comair R1.16bn for anti-competitive conduct by national carrier SAA‚ Comair said yesterday, according to a TimesLIVE report. The judgment related to a case initiated by Comair against SAA 14 years ago in respect of SAA’s anti-competitive travel agent incentive schemes. Comair is the second airline to succeed in a claim against SAA concerning the national airline's anti-competitive conduct.
The DA's planned legal action against the Cabinet decision to re-appoint Dudu Myeni as SAA chair will be based on the argument that it was â€˜wholly irrationalâ€™, notes a BDlive report. DA leader Mmusi Maimane said yesterday the party was of the â€˜strong opinion that there is prima facie case to be made that Ms Myeni's re-appointment is wholly irrational, given her appalling performance as SAA board chairperson over the past four years ... overseeing the airlineâ€™s steady declineâ€™.
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