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[2021] ZAGPPHC 282
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Gryphon Airlines SA (Pty) Ltd v International Air Services Council and Another (56163/2020) [2021] ZAGPPHC 282 (19 April 2021)
IN THE HIGH COURT
OF SOUTH AFRICA
GAUTENG PROVINCIAL
DIVISION, PRETORIA
CASE
NO: 56163/ 2020
REPORTABLE:
NO
OF
INTEREST TO OTHER JUDGES
:
NO
REVISED
Date
of hearing :14 March 2021
In
the matter between:
GRYPHON
AIRLINES SA (PTY)
LTD
APPLICANT
And
THE
INTERNATIONAL AIR SERVICES COUNCIL
1
st
RESPONDENT
MINISTER
OF
POLICE
2
nd
RESPONDENT
JUDGMENT
NYATHI
AJ
INTRODUCTION
[1]
The Applicant conducts the business of international and
domestic air services.
[2]
The First Respondent is INTERNATIONAL AIR SERVIC ES
COUNCIL ("the Council" ), a statutory body established
under the International
Air Services Act 60 of 1993 (the Act")
to administer the international air services envisioned by national
legislation.
[3]
The Second Respondent is THE MINISTER OF TRANSPORT OF
THE REPUBLIC OF SOUTH AFRICA, a member of the national executive
being responsible
for the administration of, inter alia, the South
African aviation industry.
[4]
The First Respondent opposes the application , while the
Second Respondent does not.
[5]
The First Respondent seeks an order reviewing and
setting aside the decision of the First Respondent of the 16 October
2020, in
terms of which the First Respondent allegedly declared two
of the Applicant's international air services licenses invalid.
[6]
The facts in this application are common cause between
the parties, at issue is the interpretation to be attached to the
legislative
provisions regulating the licencing of air services
providers.
[7]
In South Africa, the aviation industry is regulated on
the basis that once the First Respondent has approved an application
for
an international air service license, the intended operator then
must file an application for the grant of an air service operating
certificate ("AOC") with the Commissioner for Civil
Aviation via the Civil Aviation Authority ("SACAA ").
[8]
Section 18 (2) provides that a licence thus issued shall
be valid for an indefinite period.
[9]
The various conditions of the licence are contained in
section 20. Non -compliance with several of the conditions in this
subsection
individually result in the licence lapsing.
[10]
Section 20(1)(d) of the International Air Services Act
60 of 1993 ("the Act") provides that the operation of an
air service
shall not be interrupted for a period exceeding 3 months.
[11]
The Applicant 's services have been interrupted since 16
September 2018 when it ceased its operations. The Applicant ceased
its
air services operations on 16 September 2018 and their Air
Operating Certificate ("AOC') which expired on 30 September 2018
was not renewed by the South African Civil Aviation Authority
("SACAA"). By t h e end of December 2018, the Applicant
would have ceased its air services operations for a period exceeding
three (3) months.
[12]
The Respondent contends that the Applicant's licences
became invalid by the operation of law in December 2018.
[13]
It is a basic principle of legislative interpretation
that legislation must be read as a whole. In
Nasionale
Vervoerkommissie van Suid Afrika v. Salz Gossow Transport (Edms) Bpk
1983 (4) SA 344
(A) the court held that, when
interpreting certain provisions , a statute must be studied in its
entirety.
[14]
Keeping the above principle in mind, one cannot read
section 18 (2) alone to the exclusion of section 20, which carry the
conditions
in terms of which the licence is granted.
[15]
In its founding affidavit the Applicant states and
confirms the fact of its cessation of operations in 2018. The
Applicant only
started making enquiries regarding the status of its
licences sometime in 2020.
[16]
Having regard to the aforegoing, It is my conclusion
that the validity of the Applicant's licences lapsed due to its own
inattention
by operation of law.
The
application is dismissed with costs.
J.S.
NYATHI
Acting
Judge of the High Court
Gauteng
Division, Pretoria
Date
judgment delivered: 19 April 2021
On
behalf of the Applicant: Adv C Spangenberg
Instructed
by Birgit Cronau Attorneys
Ref:
Birgit/ Cronau/ GA Lit01.20
Tel:
083 657 8890
E-mail:
birgit@cronau-attorneys.com
bconau@worldonline.co.za
On
behalf of the Respondent: Adv MM Mojapelo
Instructed
by: The State Attorney Pretoria
316
Thabo Sehume Street
SALU
Building
Tel:
(012) 309 1679
Email:
LTshivhase@justice.gov.za
Ref:
3654/2/221