Keyser v South African Civil Aviation Authority and Another (A336/2015) [2015] ZAGPPHC 949 (3 December 2015)

Keyser v South African Civil Aviation Authority and Another (A336/2015) [2015] ZAGPPHC 949 (3 December 2015)

The court found that the appellant's Grade 1 Instructors Rating had already been reinstated prior to the hearing of the condonation application, and thus the relief originally sought had become academic. The notice of appeal was directed solely at the suspension of the rating, and did not request expungement of the...

Source-derived case information.

Citation
[2015] ZAGPPHC 949
Parties
Appellant: S B Keyser; Respondent: South African Civil Aviation Authority; Respondent: The Civil Aviation Appeal Committee
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
3 December 2015
Case Number
A336/2015
Procedural Posture
Civil Appeal / Appeal Against Refusal of Condonation for Late Noting of Appeal
Outcome
Appeal dismissed with costs.
Judges
E.M. Kubushi, S.S. Madiba
Legal Topics
Condonation for Late Appeal, Practical Effect Requirement, Appeal Lis, Costs Award
Administrative Law Civil Procedure Condonation for Late Appeal Practical Effect Requirement Appeal Lis Costs Award

Source-derived case record

Summary, issues, holding and outcome

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Parties

S B Keyser

Appellant

South African Civil Aviation Authority

Respondent

The Civil Aviation Appeal Committee

Respondent

Procedural Posture

Civil Appeal / Appeal Against Refusal of Condonation for Late Noting of Appeal

Legal Issues

  1. 1 Whether the appeal has become academic due to the reinstatement of the appellant's Grade 1 Instructors Rating.
  2. 2 Whether there remains a lis between the parties after the relief sought has already been granted.
  3. 3 Whether the appellant is entitled to an order expunging the record of the suspension proceedings.

Ratio Decidendi

The court found that the appellant's Grade 1 Instructors Rating had already been reinstated prior to the hearing of the condonation application, and thus the relief originally sought had become academic. The notice of appeal was directed solely at the suspension of the rating, and did not request expungement of the record. The court held that there was no longer any lis between the parties, and that the appeal would have no practical effect or result. Arguments regarding the procedures followed and the potential impact on the appellant's Designated Flight Examiner status were found to be irrelevant to the appeal before the court. Consequently, the appeal was dismissed. Costs were awarded...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed.
  • The appellant is ordered to pay the costs of the respondents.