Interesting Judgment: Mango Airlines & Others v Minister of Public Enterprises & Others

14 December 2023

Members,

Please find attached the judgment of Phooko AJ handed down on 13 December 2023.

This was an application for leave to appeal against the whole judgment and order of the court a quo delivered on 6 September 2023, in terms of which the Court declared inter alia that the Minister of Public Enterprise’s failure to take a decision in respect of the application submitted by the business rescue practitioner of Mango Airlines SOC Ltd (in business rescue) and South African Airways SOC Ltd in terms of section 54(2) of the PFMA is unlawful and constitutionally invalid.

The application for leave to appeal was dismissed with costs.

Kindly sent to us by Kgosi Nkaiseng of Cliffe Dekker Hofmeyr.

Take care
René Bekker
Chief Operating Officer

  Judgment: Mango Airlines & Others v Minister of Public Enterprises & Others. Case No: 010700/2023