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Bidair Services (Pty) Ltd v Sekhabisa NO and Others (JR174317) [2019] ZALCJHB 328 (26 November 2019)
The Labour Court reviewed and set aside a CCMA award, finding the arbitrator unreasonably ignored key safety evidence and wrongly treated dismissal as unfair.
Berwick (nee Miller) v Villiers-Roux and Others (3688/07) [2013] ZAWCHC 164 (20 September 2013)
The court found that commercial tandem paragliding for reward was unlawful at the time of the plaintiff's accident, as no valid exemption or regulatory amendment had been promulgated to permit such activity. Both SAHPA and the CAA, as statutory bodies responsible for aviation safety, owed a duty of care to the plaintiff and the public to prevent illegal commercial tandem paragliding. Their failure to take reasonable steps to enforce the law, inform the public, and discipline errant pilots constituted a wrongful omission. The breach was causally connected to the plaintiff's injuries, as the ac…
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ZS-SVN Syndicate v 43 Air School and Another (1066/05) [2007] ZAECHC 54; 2007 (6) SA 389 (E) (6 July 2007)
The court found that both the airport operator and the pilot were negligent. The airport operator failed to take reasonable steps to warn pilots of the existence and danger of unserviceable strips by not marking them adequately along their length and not issuing a NOTAM. This created a foreseeable risk of pilots mistakenly landing on these strips. The pilot, despite his extensive experience at the airport, failed to visually confirm the location and markings of the correct runway, did not see the required runway markers, and landed on an unmarked strip, which was unprecedented at the airport.…
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