Murray N.O and Others v Nsibande N.O and Others [2023] ZAGPPHC 371; 2022-018947 (21 April 2023)

Murray N.O and Others v Nsibande N.O and Others [2023] ZAGPPHC 371; 2022-018947 (21 April 2023)

The court found that the Air Services Licensing Council's decision to suspend Comair Limited's air service licences was not supported by valid legal grounds. Section 19(d) of the Air Service Licensing Act only provides for the lapsing of a licence upon sequestration or winding-up, not suspension, and Comair was only provisionally wound up at the time. The Council failed to provide specific details of alleged non-compliance with the Act, regulations, or licence conditions, and Comair had produced a valid operating certificate. The Council's reliance on changes in shareholding and prescribed personnel was unfounded, as no change in shareholding had occurred and approval for personnel...

Citation
[2023] ZAGPPHC 371
Parties
Applicant: Cloete Murray N.O; Applicant: Kgashane Christopher Monyela N.O; Applicant: Ahmed Carim N.O; Applicant: Tracy Anne Cameron N.O; Applicant: Buhle Jeffrey Eric Buthelezi N.O; Respondent: Musa Nsibande N.O; Respondent: Raesibe Kekana N.O; Respondent: Leanda-Marsha Mtshali N.O; Respondent: Rickie Rennie N.O; Respondent: Emmanuel Mbuwe N.O; Respondent: Patricia Mantsina N.O; Respondent: Andries Ntjane N.O; Respondent: The Air Services Licensing Council
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
21 April 2023
Case Number
2022-018947
Procedural Posture
Review Application / Appeal Under Section 25 of the Air Service Licensing Act
Outcome
Appeal upheld; decision of the Air Services Licensing Council to suspend Comair Limited's licences set aside; costs awarded against the Council, including costs of two counsel.
Judges
N Janse Van Nieuwenhuizen
Legal Topics
Air Service Licensing Act, Statutory Appeal Procedure, Suspension of Licence, Liquidation and Licensing, Costs Award
Administrative Law Civil Procedure Air Service Licensing Act Statutory Appeal Procedure Suspension of Licence Liquidation and Licensing Costs Award

Case Brief

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Parties

Cloete Murray N.O

Applicant

Kgashane Christopher Monyela N.O

Applicant

Ahmed Carim N.O

Applicant

Tracy Anne Cameron N.O

Applicant

Buhle Jeffrey Eric Buthelezi N.O

Applicant

Musa Nsibande N.O

Respondent

Raesibe Kekana N.O

Respondent

Leanda-Marsha Mtshali N.O

Respondent

Rickie Rennie N.O

Respondent

Emmanuel Mbuwe N.O

Respondent

Patricia Mantsina N.O

Respondent

Andries Ntjane N.O

Respondent

The Air Services Licensing Council

Respondent

Procedural Posture

Review Application / Appeal Under Section 25 of the Air Service Licensing Act

Legal Issues

  1. 1 Whether the Air Services Licensing Council lawfully suspended Comair Limited's air service licences.
  2. 2 Whether the statutory appeal procedure under section 25 of the Air Service Licensing Act was properly followed.
  3. 3 Whether the reasons advanced by the Council for suspension were valid under the Act and regulations.

Ratio Decidendi

The court found that the Air Services Licensing Council's decision to suspend Comair Limited's air service licences was not supported by valid legal grounds. Section 19(d) of the Air Service Licensing Act only provides for the lapsing of a licence upon sequestration or winding-up, not suspension, and Comair was only provisionally wound up at the time. The Council failed to provide specific details of alleged non-compliance with the Act, regulations, or licence conditions, and Comair had produced a valid operating certificate. The Council's reliance on changes in shareholding and prescribed personnel was unfounded, as no change in shareholding had occurred and approval for personnel...

Court Disposition

Appeal upheld; decision of the Air Services Licensing Council to suspend Comair Limited's licences set aside; costs awarded against the Council, including costs of two counsel.

Orders

  • The appeal is upheld and the decision of the eighth respondent to suspend the licences NO67D and SO66D of Comair Limited (in provisional liquidation) dated 3 August 2022 is set aside.
  • The eighth respondent is ordered to pay the costs of the application, including the costs of two counsel.