Gigaba loses leave to appeal
Court finds in favour of Fireblade agreement
The Supreme Court of Appeal (SCA) yesterday dismissed with costs an application by Minister of Home Affairs Malusi Gigaba for leave to appeal to it in his battle with the Oppenheimers.
The case concerned the approval by Gigaba of Fireblade Aviation’s application for an ad hoc international customs and immigration component in January 2016 at premises leased within OR Tambo International Airport.
In October last year‚ the Oppenheimers won their court battle to operate the private international terminal, after accusing Gigaba of reversing his approval.
Gigaba had granted Fireblade permission to operate the terminal on January 28 2016‚ only to reverse his approval three days later.
In a judgment on October 27 last year‚ North Gauteng High Court Judge Sulet Potterill said Gigaba’s approval was of force and effect and may not be revoked without due cause.
An application by the minister for leave to appeal was dismissed on December 8. An urgent appeal to the full bench of the high court was dismissed on December 14. He applied to the SCA for leave to appeal against the original judgment of October 27.
The SCA said Potterill’s order in favour of Fireblade was based on two documents in which it was recorded clearly that Gigaba had granted the approval sought and signed a letter to that effect for Fireblade.
“We are … of the opinion that an appeal against Potterill’s judgment has no reasonable prospect of success.”