Gigaba re-enters fray with Oppenheimers Fireblade

Source: Business Day, 18/05/2017

Fire blade is seeking to review his decision as home affairs minister
to block customs and immigration services at its terminal at OR Tambo
Finance Minister Malusi Gigaba has re-entered a legal battle between
the Department of Home Affairs and Oppenheimer aviation company Fire
blade over a rejected application for customs and immigration services
at its OR Tambo terminal.


Fire blade is seeking to review a decision by then home affairs
minister Gigaba in November denying customs and immigration services
at its seven-star terminal at OR Tambo â€" a decision the company
maintained was taken after pressure was exerted by the Gupta
family.


Fire blade wants on-site immigration and customs services at its
terminal.


It blames the Gupta family for several flip flops in support from both
Denel which is the lessor and the department.


Fire blade maintains the Guptas initially sought to press the company
into including a black empowerment partner. Once this failed, it used
its influence on the lessor to press Gigaba to deny the
application.


At the centre of the dispute is whether the terminal is a port of
entry a status held by ports airports and border crossings.




Fire blade however has not requested this status.


Gigaba has now gone into more detail to explain his reasoning
maintaining the application is in substance one for a port of
entry.


When Fire blade sought the review Gigaba was then the home affairs
minister. He was reshuffled to the finance portfolio at the end of
March and replaced by Hlengiwe Mkhize.


In April Gigab after consultation with Mkhize filed an affidavit again
strongly denying he ever met any member of the Gupta family to discuss
Fire blades application.


In a replying affidavit filed on May 11 Fire blade argues the
department has failed to address curious terminology used in the
departments replying affidavit filed in February.


In the February affidavit the department centered its decision to
reject Fire blades application on the basis that it could not approve
a port of entry. Approval of the terminal as a new port of entry would
be tantamount to using public resources for private purposes
sentiments again expressed by Gigaba in the April affidavit.


Fire blade contends it had clearly requested extended customs services
and the department misconstrued the issue.


In a replying affidavit filed in the High Court in Pretoria on May 11
Fire blade director Robbie Irons maintains the department failed to
address concerns over the alleged influence of the Gupta family on
departmental decisions. The affidavit accuses him of unconvincing
denials and a seeming lack of interest in the manner in which Denel
consistently changed its mind.
Denel has denied this.