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Supreme Court

South African Airways Limited v Minister of Environment, Water and Climate & Anor

[2023] ZWSC 38

Case Details

Court
Supreme Court
Date
12 May 2023
Citation
[2023] ZWSC 38
Judgment No.
SC 38/23
Outcome
unknown
Case Type
Appeal

Bench

Presiding
Kudya JA
Full Bench
Mathonsi JAKudya JAMusakwa JA
Areas of Law
Aviation lawAdministrative lawTax law
Keywords
Meteorological feesPrescriptionTaxLocus standiDuplication of charges
Tags
AviationMeteorological servicesFeesTaxPrescription
legislation
Statutes Cited
  • Prescription Act
  • Meteorological Services Act
  • Civil Aviation Act
  • State Liabilities Act
  • Interpretation Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether Minister had locus standi and cause of action against appellant","issue_type":"law","dispositive":"no","related_facts":"MSD transferred to Minister in 2014, CAAZ was collection agent"}
  • {"issue_text":"Whether claims prior to 22 August 2008 had prescribed","issue_type":"law","dispositive":"no","related_facts":"Summons served 22 August 2014, claims from January 2006"}
  • {"issue_text":"Whether meteorological fees constituted duplication of CAAZ charges","issue_type":"law","dispositive":"no","related_facts":"CAAZ charged landing and overflight fees, also collected meteorological fees"}
  • {"issue_text":"Whether costs on higher scale were appropriate","issue_type":"procedural","dispositive":"no","related_facts":"Court a quo awarded costs on legal practitioner and client scale"}
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background
Facts of the Case

Background

South African Airways refused to pay meteorological weather services fees charged by Zimbabwean authorities through Civil Aviation Authority of Zimbabwe, leading to litigation over prescription, locus standi and whether fees constituted a tax.
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