Question NW431 to the Minister of Transport

(1) (i)

MATTERS

(a)

DETAILS

(2) (a) OUTCOME

(b) (i) (ii)

OUTSTANDING

3 (a) (b)

COST IMPLICATIONS

DOT/Bowman /Ngidi and Morar

Proceedings to recover amounts paid to consultants without following procurement procedures

Settled

R448 121.15

Legal costs

Tasima/ DOT, RTMC

Application by Tasima to enforce payment of R30 million for services rendered on the eNatis. Constitutional Court ruled against Tasima

In favour

R691 050.00

Legal costs

Athol Terence Baikie / Minister of Transport

Application to court to have SANRAL pay R12 million for an expropriation of land by the Minister in favour of SANRAL for extension of the N3

Not finalized

No costs as yet

Central African Road Services / Minister of Transport and CBRTA

Review application to set aside the promulgations of the 2014 permit tariffs

In favour

No costs as yet

Road Freight Association / Minister of Transport and CBRTA

Review application to set aside the promulgations of the 2014 permit tariffs

Not finalized

No costs as yet

Reinford Sinegugu Zukulu & others / SANRAL, Minister of Transport, Minister of Environmental Affairs

Challenge on the environmental authorisations granted by DEA for the construction of the N2 in the Wildcoast

Not finalized

No costs as yet

Siyakhuphuka Investments / Minister of Transport and Department of Public Enterprises

Siyakhuphuka challenging the Minister of DPE on failure to incorporate the National Ports Authority as a company and Transnet as a sole member and shareholder. Minister of Transport on failure to ensure incorporation

Not finalized

R37 620.00

Legal costs

Jamela Norah Khoza

RAF : Claimants challenging the constitutionality of the abolition of the common law right to claim general damages from the wrong doer – all injured in a road accident and cannot claim from RAF as their injuries fall under non serious

Not finalized

no costs as yet

DOT/Thwala

Disciplinary proceedings on the unlawful extension of the eNatis contract. Found guilty and has brought a review application to the labour court

Not finalized

R518 818.00

Legal costs

Nqobile Precious Fakude

RAF : Claimants challenging the constitutionality of the abolition of the common law right to claim general damages from the wrong doer – all injured in a road accident and cannot claim from RAF as their injuries fall under non serious

Not finalized

no costs as yet

JV Ndorum/ Minister of Transport, Finance, Defence, Transport Eastern Cape

Summons by JV Ndorum for payment of extra works conducted at the Mthatha Airport

Not finalized

R82 512.50

Legal costs

Nomusa Maeko / Department of Transport

Alleged unfair labour practice for non appointment to the position of Chief Director International relations

Not finalized

R52 500.00

Legal costs

Levers Mabaso/DOT

Application to set aside the process followed in appointing the Chief Director : Legal Services

In favour

R29 070.00

Legal costs

Marine Court of enquiry, Haartebeespoort dam

Marine Court of enquiry on the sinking of a boat at the Haartbespoort Dam that led to loss of lives

In favour

R653 200.00

Legal costs

PSA obo H. Sayd / Department of

Transport

Labour dispute over a written warning given to employee on gross insubordination. An award granted in favour of the employee has been rescinded.

Not finalized

R25 375.00

Legal costs

#Unite Behind and Equal Education / Minister of Transport and PRASA

Application to set aside the decision of the Minister to appoint an interim Board of PRASA

Settled

R16 800.00

Legal costs

Selepe / DOT

Application to set aside the decision of the Minister not to confirm the probation period of Mr Selepe

Settled

R432 345.00

Legal costs

P. Sekhula & others / Minister of Transport

Urgent application to set aside decision to appoint new members of the international air services licensing council. Urgent application dismissed with costs.

infavour

R64 170.00

Legal costs

African Harvest / Minister of Transport and ACSA

Application to compel the Minister of Transport and ACSA to purchase the shares of the minority shareholders in ACSA

Not finalized

No costs as yet

Brackenfell Trailer Hire / Minister of Transport

Challenging the presumption in the National Road Traffic Act about the owner of the driver of a motor vehicle and also constitutionality of prosecutions based on the presumptions

Not finalized

No costs as yet

Ramahuma Mmaphila Caiphus / Minister of Police and Minister of Transport

Summons for alleged unlawful arrest by traffic officers and detention by police, claiming R500 000

Not finalized

No costs as yet

PRIVISOL and others / SANRAL, Minister of Transport, Minister of Environmental Affairs and others

Summons by SANRAL for non payment of e-tolls by privisol and others

Not finalized

No costs as yet

Gakona Properties / SANRAL and Minister of Transport

Summons for payment of the amount of R12,287,254 for land expropriated on behalf of SANRAL.

Not finalized

No costs as yet

Nkululeko Poya / Minister of Transport and RSR

Urgent application at the Labour Court to set aside disciplinary proceedings for alleged lack of powers of the Board of RSR

In favour

R87 643.80

Legal costs

Labour Court

High Court

Cost Implication

1

R 312,115.20

1

R 327 269.21

1

R 131 250.00

1

R 131 387.50

1

R40 380.00

1(ii)

Commencement date

1(a)

Title of the Matter

1(b)

Fact of the Matter

(2)

Status

3(a)

Cost

3(b)

Cost-Driver Reason

14 September 2014

(carried over from previous financial year)

Central African Road Services //Minister of Transport, C-BRTA

Review application to review the legislative process followed regarding promulgation of the 2014 Permit Tariffs.

Matter dismissed, each party to pay its costs

R 1, 096, 813

Legal costs including fees

16 April 2014 (carried over from previous financial year)

Road Freight Association //Minister of Transport and C-BRTA

Review application to review the legislative process followed with regard to promulgation of the 2014 Permit Tariffs.

Dormant

R 1, 049, 736

Legal costs including fees

16 April 2014

(carried over from previous financial year)

Dermit O Brein // C-BRTA

Court Applicant claim for unlawful arrest.

Dormant

R0,00

No cost claimed

10 September 2016

(carried over from previous financial year)

C-BRTA // Shavana Ni Vukosi Trading and Projects (PTY) LTD

Recovery of monies from a service provider that failed to deliver all the stationary that was ordered by the Agency.

At a level of consultation with the State Attorney

R0,00

No cost claimed

10 June 2015

(carried over from previous financial year)

Employee // C-BRTA

Claim for defamation of character, the applicant claims she was wrongfully accused, for stealing the amount of R1000-00.

A pretrial consultation was held in January 2019

R 143,109

Legal costs including fees

25 June 2015

(carried over from previous financial year)

Manyatseng, Ficksburg, Borolelo-Trans Free State // C-BRTA

Review and setting aside of Regulatory Committee decision to issue cross-border permits to operate from South Africa to the Kingdom of Lesotho be reviewed and set aside.

Dormant

R 57, 547

Legal costs including fees

April 2017

(carried over from the previous financial year)

JJ Trauernicht, Amos Lelope

Application for damages and injuries following collision with Road Transport Inspector.

Awaiting a trial date

R 168, 859

Legal costs including fees

19 November 2018

Employee // C-BRTA

The applicant has lodged a salary disparity grievance.

The statement of case was prepared and filed

R0,00

No cost claimed

August 2018

C-BRTA // Boshielo

Review and setting aside of the CCMA decision to start the recruit process de-nova regarding a post that the respondent applied however was unsuccessful.

CCMA has filed the record however it is not complete; a complete record has been requested.

R 103, 700

Legal costs including fees

(1)(ii)(a) the details of which are,

and, (b) the reason in each case is,

(2)(a) the outcome of litigation in each case was,

(b)(i) the following matters are still outstanding,

(ii) because,

(3)(a) the cost implications in each case are,

(b) because,

Employee Relation Unit

RAF vs Nonjongo

RAF took the decision of the CCMA in relation to unfair dismissal on review

ongoing

refer to the response in respect of paragraph (2)(a)

awaiting court hearing date

salary from date of dismissal to date of judgment

the Labour Court may find for the employee

Gcanabana vs RAF

employee took the decision of the CCMA in relation to unfair dismissal on review

ongoing

refer to the response in respect of paragraph (2)(a)

awaiting court hearing date

salary from date of dismissal to date of judgment

the Labour Court may find for the employee

Matodzi vs RAF

RAF took the decision of the CCMA in relation to constructive dismissal on review

finalised in favour of the RAF

refer to the response in respect of paragraph (2)(a)

judgment delivered

None

review application was dismissed with costs in favour of the RAF

Mahlangu vs RAF

employee took the decision of the CCMA in relation to unfair dismissal on review

finalised in favour of the RAF

refer to the response in respect of paragraph (2)(a)

judgment delivered

none

review application was dismissed with costs in favour of the RAF

Corporate Secretariat

Dr. T Kommal vs the Chairperson of the Board of the RAF

dispute related to governance

settlement of the dispute is being considered

refer to the response in respect of paragraph (2)(a)

settlement of the dispute is being considered

the dispute does not relate to a capital award

the dispute relates to governance

Legal Unit

MTF Consultants (Pty) Ltd v RAF

contractual dispute

finalised

refer to the response in respect of paragraph (2)(a)

judgment delivered

R2 905 986.00

R2 714 943.22 plus interest at 9% was awarded

Mohlala Attorneys v RAF

contractual dispute

litigation pending

refer to the response in respect of paragraph (2)(a)

awaiting court hearing date

none

application for review

Caveonet (Pty) Ltd v RAF

Commission of Enquiry in terms of section 417 and 418(a) of the Companies Act, No. 71 of 2008 (liquidation)

finalised

refer to the response in respect of paragraph (2)(a)

Commission of Enquiry withdrawn

none

declaratory order

Anne Jamotte v Hogan Lovells Attorneys and RAF

outstanding payments

finalised

refer to the response in respect of paragraph (2)(a)

settlement was reached

R1 873 632.90

as per settlement

Frans Schutte and Matthews Phosa Attorneys v RAF

outstanding payments

finalised

refer to the response in respect of paragraph (2)(a)

settlement was reached

R48 256 939.

as per settlement

Mac Ndhlovu Inc v RAF

contractual dispute

litigation pending

refer to the response in respect of paragraph (2)(a)

pleadings stage

none

declaratory order

JS Thokoane and 20 Others v RAF and NPA

contractual dispute

finalised

refer to the response in respect of paragraph (2)(a)

judgment delivered

none

declaratory order

ML Hlakola vs Acting Chief Executive Officer and RAF

outstanding payments

finalised

refer to the response in respect of paragraph (2)(a)

settlement was reached

R1 287 350.00

as per settlement

LS Sambo vs Acting Chief Executive Officer and RAF

outstanding payments

finalised

refer to the response in respect of paragraph (2)(a)

settlement was reached

R980 617.95

as per settlement

Thusanang Enabling Support Services (Pty) Ltd v RAF

outstanding payments

finalised

refer to the response in respect of paragraph (2)(a)

summons withdrawn

none

legal action has been withdrawn

ES Mawai v RAF and 2 Others

subpoena served on the Acting Chief Executive Officer

finalised

refer to the response in respect of paragraph (2)(a)

subpoena withdrawn

none

declaratory order

NP Fakude and 46 Others v RAF and Minister of Transport

constitutionality of certain provisions within the Road Accident Fund Act, No. 56 of 1996 and its Regulations

litigation pending

refer to the response in respect of paragraph (2)(a)

awaiting court hearing date

none

declaratory order

Ntuli Pretty Rose Jabu obo Minors and 14 Others

appointment of curators

finalised

refer to the response in respect of paragraph (2)(a)

judgment delivered

none

declaratory order

JM Makuwe v RAF and Acting Chief Executive Officer

request in terms of the Promotion of Access to Information Act, No. 2 of 2000

finalised

refer to the response in respect of paragraph (2)(a)

settlement was reached

none

declaratory order

V G Martin obo TND v RAF and the Minister of Transport

constitutionality of certain provisions within the Road Accident Fund Act, No. 56 of 1996 and its Regulations

finalised

refer to the response in respect of paragraph (2)(a)

settlement was reached

R 6 400 000.00

as per settlement

Corlia Olivier v RAF

contractual dispute

pending

refer to the response in respect of paragraph (2)(a)

pleadings stage

R 72 417.30

as per amount claimed

Adv. Brain Hitchings NO v RAF, Netcare LTD, and Netcare Hospitals (PTY) LTD

constitutionality of certain provisions within the Road Accident Fund Act, No. 56 of 1996 and its Regulations

finalised

refer to the response in respect of paragraph (2)(a)

settlement was reached

R41 000 000

as per settlement

J Matlala v RAF, Acting Chief Executive Officer and Chief Financial Officer

outstanding payment

finalised

refer to the response in respect of paragraph (2)(a)

settlement was reached

R2 261 8714.83

as per settlement

B Mbalu v RAF

unfair dismissal

litigation pending

refer to the response in respect of paragraph (2)(a)

awaiting court hearing date

None

declaratory order

W J Mkhonza Assessors v RAF

contractual dispute

litigation pending

refer to the response in respect of paragraph (2)(a)

awaiting court hearing date

R 2 298 456

as per amount claimed

Synka Projects (Pty) Ltd v RAF

contractual dispute

litigation pending

refer to the response in respect of paragraph (2)(a)

awaiting court hearing date

R 432 495.80

as per amount claimed

LW Mofokeng v Minister of Transport, HPCSA, RAF and Chairperson of the Appeal Board

constitutionality of certain provisions within the Road Accident Fund Act, No. 56 of 1996 and its Regulations

pending

refer to the response in respect of paragraph (2)(a)

pleadings stage

none

declaratory order

Adv. WS Coughlan No v Minister of Transport, HPCSA, RAF and Chairperson of the Appeal Board

constitutionality of certain provisions within the Road Accident Fund Act, No. 56 of 1996 and its Regulations

finalised

refer to the response in respect of paragraph (2)(a)

settlement was reached

none

declaratory order

Kusini Holdings (Pty) Ltd v RAF

contractual dispute

litigation pending

refer to the response in respect of paragraph (2)(a)

pleadings stage

R16 219 518.75

as per amount claimed

K Malao Inc and KPL Malao v RAF, Acting Chief Executive Officer and 5 Others

defamation

litigation pending

refer to the response in respect of paragraph (2)(a)

pleadings stage

R 3 500 000.00

as per amount claimed

Plaintiff

Defendant

Initiation date

Details and status

Outcomes and result

Amount spent from 1 April 2015 to date

Reinford Sinegugu Zukulu

SANRAL

30/03/2010

Wild Coast environmental review application. The defendant finalised and lodged a replying affidavit.

Judgement to be handed down 7 March 2019

R 9 658 071.29

Tau Pele

SANRAL

08/11/2018

This is an application lodged by Tau Pele Construction (Pty) Ltd against SANRAL for the payment of the amount of R36 447 840.08 based on payment certificate 29, and certificate 30 in the amount of R22 652 194.62.

Matter settled by agreement between the parties on 28 February 2019

R 950 000

Mr S Nhlapo

Ms N Modise

23/04/18

Ms Modise (Sanral employee) received summons in her personal capacity due to allegations of unfair treatment of black contractors. Attorneys have been appointed by Sanral to defend Ms Modise because the allegations are as a result of her performing her duties.

A Plea and discovery affidavit have been filed. We are now waiting for a Notice of Set down.

Awaiting trial date in April 2019

R 17 036.33

Quality Plant Hire

SANRAL

10/11/2018

An application has been instituted against SANRAL on the 1st of November 2018 for imposing delay penalties upon Quality Plant Hire were received.

SANRAL has served and filed their answering affidavits and are waiting upon the applicants to reply. In the absence of a reply, SANRAL will file their practice notes heads of arguments after which the matter will be ready for a hearing.

Awaiting court date for hearing

R300 000

ASJV

SANRAL

10/02/2019

ASJV unlawfully terminated FIDIC contract for the construction of the Mtentu Bridge and launched an urgent application against SANRAL in order to interdict the latter from calling upon the performance and retention guarantees – upon acceptance of ASJV’s abandonment of site.

Awaiting judgment pending

Awaiting statements of account

LITIGATION 2018/2019

REASONS FOR LITIGATION

OUTCOME / OUTSTANDING

REASONS

COST

- Rekwele vs RTMC

Rekwele issued summons to claim purported outstanding costs for rental of vehicles by the RTMC. RTMC defended the matter and filed a special plea. Special plea set down for hearing.

Litigation ongoing

Special Plea to set - down for hearing (awaiting directive from court)

R 408 129.62

- Putcomofami vs RTMC

Service provider issued summons against the RTMC for breach of contract – Repudiation. The RTMC defended the matter and took exeption. Claim abandoned.

Litigation ongoing - Claim abandoned,

RTMC to persue costs

R 133 332.54

• RTMC vs Telkom

RTMC bring Urgent Application to order Telkom to seize service suspension

Order made in favour of RTMC

Litigation ongoing - Telkom appealed to Supreme Court Of Appeal. Awaiting directive from SCA

R 1 154 331.00

• JPSA vs Minister of Transport & Others (4 December Answer) (Application)

JPSA brought application to contest AARTO Procedure. RTMC Opposed the application. Application dismissed by court

Application dismissed

Matter closed

R 0 .00

Costs covered by JPSA

- Tasima vs RTMC

Application to enforce Section 197 of Labour Relations Act and Tasima bring several interim order applications. RTMC opposed applications

• (Steenkamp J ) (LCA)

• (Rabkin Naicker J)(LCA)

• (Solejee J)(LCA)

• (Nkutha – Nkontwana)(LCA)

• Tasima Petition

• Tasima Warrant of Execution

• Servest Landscaping vs Tasima (Joinder)

• Rohland Industrial Design vs Tasima (Joinder)

• Labour Appeal Court

• Section 18(3) Labour Court

• Section 18(4) Labour Appeal Court

• Constitutional Court (RTMC)

• Constitutional Court (Tasima Cross Appeal)

Labour Appeal Court Order appealed by both Parties to the Constitutional Court)

Litigation ongoing – Section 18(4) appeal to be heard by Labour Appeal Court and awaiting directive from the Constitutional Court

R 2 948 108.57

- Nkwatsi and Others vs RTMC (Unlawful Arrest)

The complainant issued summons against the RTMC for purported unlawful arrest. RTMC opposed the action and filed its exception and plea. Matter abandoned by complainant

Claim abandoned

Matter closed

R15 000 .00

- RTMC vs Silvercoin

RTMC issued summons for payment of undue paid amount

Litigation on going

Summons issued

R 14 381.73

- Howard Dembovsky vs RTMC (Application

Mr. Howard Dembovsky, in his personal capacity and as the chairperson of Justice Project South Africa aims to bring an application for an order, which amongst others and in as far as it relates to the Department, RTIA and the Corporation. RTMC filed answering papers as per directive of court.

Litigation on going

Applicant to file reply to answer of respective Respondents

R 267 278.00

- Waymark vs RTMC (20 Novemebr CC)

Waymark instituted legal action against the RTMC in 2010, following a contractual dispute for the outstanding contract price.

Litigation ongoing

Litigation ongoing – awaiting Constitutional Court Judgement

R 493 119.36

­ Mohlaleng vs RTMC

RTMC instituted legal action against Mohlaleng for the outstanding deposit, paid on the Silver Lakes Offices offices and other amounts owed.

Litigation ongoing

Matter postponed sine dies and to be set-down for hearing

R 532.83

- RTMC Declaratory

RTMC to declare certain administrative actions taken by erstwhile Acting CEO void and unlawful.

Litigation ongoing

Hearing date to be set by court

R 0 .00 (awaiting invoices)

- Munsammy vs RTMC

Claim for damages – matter settled out of court

matter settled

Mater closed

R 0 .00

- Doorleen Investment vs RTMC

Successfully settled matter out of court

matter settled

Mater closed

R 0 .00

- NEHAWU vs RTMC

Urgent Application against RTMC

Application abandoned

Mater closed

R 0 .00

- Wechoemang vs RTMC

Urgent Application against RTMC

Application Dismissed

Mater closed

R 790 280.00

1. (a) LITIGATION

1. (b) REASONS FOR LITIGATION

1. (a)(b)(i) OUTCOME / OUTSTANDING

1. (b) (ii) REASONS

(3) (a)(b) COSTS

Demborvsky v Minister of Transport and Others

The Applicant challenges constitutionality of certain provisions of the AARTO Act and the NRTA Act. The provisions of the AARTO Act which are being challenged are subject to amendments through the AARTO Amendment Bill.

The Demborvsky application is still outstanding

The pleadings have not closed in the Demborvsky application and therefore the matter has not been set down.

R 1 148 204 .00

The litigations were extensive and threatened the very existence of the Agency hence, the services of the external legal experts were procured.

JPSA v Road Traffic Infringement Agency and Others

The application was about the method of serving AARTO notices as prescribed in the AARTO Act. The applicant argued that the RTIA and other cited parties were utilizing a

secure mail instead of the registered mail

The JPSA matter was finalized and decided in favour of the Registrar of the Road Traffic Infringement Agency.

Matter is finalised

R 0 .00

Costs covered by JPSA

Year

Nature of Litigation

Cost

2018- To Date

Contractual dispute. An amount of R280 000 is being claimed for work allegedly done for SAMSA. SAMSA served our Plea on the Plaintiff on 15/02/2019.

The matter is ongoing. Total costs in legal fees to date R45 000.00

LEGAL MATTERS INSTITUTED AGAINST SACAA – OVER THE PAST 12 MONTHS:

#

(1)(a) Details of the litigation

(1)(b) Reasons in each case

(2)(a) What was the outcome?

(2)(b)(i) Which matters are outstanding?

(2)(b)(ii) Why is the matter outstanding?

(3)(a) Cost for 2018/19 Financial year

(3)(b) Why this cost?

Applicant/Plaintiff

Respondent

1

Berwick

(Partially finalized – pending legal costs being paid to SACAA)

SACAA

The SACAA, the South African Hang-gliding and Paragliding Association (SAHPA) and the Minister of Transport were sued by Berwick who was injured in a paragliding accident.

SACAA defended claim successfully

Finalised

N/A

R 803,825.92

Legal fees

2

Ruiter

DCA; Minister of Transport, SACAA and SAA

An application to set aside a decision taken by the Director in respect of a medical certificate.

Settlement

Pending

Cost recovery

R3,375.54

Legal fees

3

ALPA-SA

(Zerwick)

Director, Gawie Bestbier, Thabang Phahlane and the Minister

Zerwick appealed against an enforcement decision for non-compliance with SACAA regulations. The enforcement action of the Inspector was upheld on appeal to the DCA.

High Court Appeal pending

Pending

Re-hearing of appeal

R350,819.55

Legal fees

4

SB Keyser

(Partially finalized – pending legal costs being paid to SACAA)

SACAA

An appeal against the judgement delivered by the Civil Aviation Appeal Committee.

Appeal dismissed in favour of SACAA

Pending

Cost recovery

R 217,728.44

Legal fees

5

SB Keyser

Director

An urgent application in the High Court to set aside the notice of intention to suspend a Pilot Licence.

Pending High Court appeal

Pending

Awaiting judgement

R 1,046,139.50

Legal fees

6

Kelderman

SACAA

High Court appeal against the Director’s decision to issue a fine, which was confirmed by the Appeal Committee.

Pending High Court appeal

Pending

Awaiting date of set down

R184,915.00

Legal fees

7

Quantum Leap Investments (PTY) Ltd

SACAA & Civil Aviation Appeals Committee (CAAC)

SACAA appeal against the judgement of the Appeals Committee relating to a licensing compliance.

Appeal was dismissed

Finalised

N/A

R235,923.52

Legal fees

8

South African Flight Training Academy

Minister of Transport / SACAA

SACAA sued for damages for loss of income and reputational harm.

Pending trial action

Pending

Exchange of pleadings and interim application

R 537,580.25

Legal fees

9

Former Employee

SACAA

Labour matter.

CCMA referral for arbitration

Pending

Awaiting transcript

None

Legal fees

10

Kishugu Aviation (Pty) Ltd and others // Minister of Transport

(The matter closed)

SACAA

Kishugu is requesting the setting aside of findings of an accident investigation report.

Withdrawal of the matter

Finalised

N/A

R 199 797.67

Legal fees

11

National Union of Metal Workers on behalf of a Former Employee

SACAA

Labour matter

Labour court review

Pending

Interim applications

Not billed as yet

N/A

12

AAL-SA

(Matter closed)

SACAA

Aircraft registration matter. An application was launched to compel the SACAA to register aircraft.

Application was dismissed

Finalised

N/A

None

N/A

13

AEROPRECISION

SACAA:

AEROPRECISION issued summons claiming damages for enforcement action taken by the SACAA.

Decision in SACAA favour with cost

Pending

Recovery of cost

R48,604.75

Matter commenced in 2014. Payment made in 2014 amounting to total mentioned above

Legal fees

14

Bosman

SACAA

Bosman, a Commercial Pilot licence holder challenged the suspension of his licence through an urgent High Court application, at the Civil Aviation Appeal Committee and instituted an appeal in the High Court, Gauteng North against a decision of the Civil Aviation Appeal Committee.

High Court Appeal pending

Pending

N/A

R746,351.26

Legal fees

15

Former Employee

SACAA

Labour matter.

Pending claim for damages

Pending

N/A

No bill as yet

N/A

16

Fair Aviation

SACAA

FAIR AVIATION sought an interim interdict in the High Court, asking the court to condone a non-compliance to civil aviation regulations.

Dismissal of application

Finalised

N/A

R177,606.70

Legal fees

17

Former Employee

SACAA

Labour matter.

Pending labour court review

Pending

Employee raising funds for legal representation

No bill as yet

N/A

18

CEMAIR

SACAA

CEMAIR instituted two urgent applications in the High Court, seeking interim interdicts to set aside audit findings that resulted in the suspension of their operations.

1st application was settled. 2nd application was dismissed by the court

Finalised

N/A

No payment yet

N/A

LEGAL MATTERS INSTITUTED BY SACAA – OVER THE PAST 12 MONTHS:

#

(1)(a) Details of the litigation

(1)(b) Reasons in each case

(2)(a) What was the outcome?

(2)(b)(i) Which matters are outstanding?

(2)(b)(ii) Why is the matter outstanding?

(3)(a) Cost for 2018/19 Financial year

(3)(b) Why this cost?

Applicant/

Plaintiff

Respondent

1

Former Employee (Matter closed)

SACAA

Labour matter

Claim could not be pursued due to the absence of the employee in South Africa

N/A

N/A

R149,838.05

Legal fees

2

SACAA

Phoebus Apollo Aviation

SACAA served summons to recover costs from a service provider.

Settlement agreement

Finalised

N/A

R30, 898.97

Legal fees

3

SACAA

AOPA DEFAMATION CASE

SACAA instituted a defamatory lawsuit against an association.

Awaiting trial date

Pending

Interim applications

R291 909.94

Legal fees

4

SACAA

Interface Technologies

SACAA issued summons for recovery of outstanding debt against an operator.

Court order in favour of SACAA

Finalised

N/A

R157 671.59

Legal fees

5

SACAA

Tshungu Multimedia Enterprises

Setting aside of a tender related decision in favour of SACAA.

Decision successfully overturned

Finalised

N/A

R438,671.75

Legal fees

Litigation Case

(a)

Cost Implication

(b)

Reason

Full Facilities Management v Railway Safety Regulator

R339,436

Relates to an eviction order that was launched by Full Facilities Management

PRASA vs RSR

R529,154

Application was brought by PRASA to stop or interdict the RSR from suspending its safety permit.