Sowetan

Gigaba loses leave to appeal

Court finds in favour of Fireblade agreement

- By Ernest Mabuza

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.”

 ??  ?? Malusi Gigaba
Malusi Gigaba

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