Oppenheimer-owned Fireblade wins court

Source: iol.co.za, 27/10/2017

Pretoria - The Oppenheimer family`s company Fireblade on Friday won
its legal battle in the Gauteng High Court, Pretoria when a judge
declared that former Home Affairs Minister Malusi Gigaba did indeed
give the company the go-ahead to run a customs and immigration service
at OR Tambo International Airport.
The approval was granted last year, but it was revoked a few days
later, apparently following pressure from the Gupta family.
Fireblade subsequently asked the court to declare that the approval
remained of force and effect and that it may not be revoked.
Judge Sulet Potterill said the facts reflect that the concept of
establishing a fixed based aviation operation (FBO) was already
floated in 2011 and had the support of OR Tambo International Airport,
the airports company, Denel and the Department of Home Affairs.
It required Fireblade to adhere to many regulatory hoops from various
departments and institutions. “It was a four year expensive exercise
to establish this seven star facility,` the judge said.

She
said the last step in the process was the approval by the minister.
Fireblade claimed that at a meeting in January last year the minister
informed all present that he had already signed the approval of the
Fireblade application. The minister, in turn, denied this.

The
judge said during January, last year`s meeting, the minister stated
that all stakeholders had indicated their support. Only his approval
was outstanding. Denel by then had already given its approval and
relayed this to the minister.

Denel at the time said: `We are
pleased to inform you that Denel approves and support our tenants in
these premises. We are therefore endorsing the project to
go-ahead…`

The minister then instructed that the operational
plan had to be finalised, a feasibility study had to be done and he
said that he would like to explore the possible use of a Fireblade
facility to promote the new Premium Visa Visitation Centre for
Businessmen.

He even at the time requested Fireblade to invite
President Zuma to the formal opening ceremony to be held in
future.

On the same day the Oppenheimers expressed their
delight that `all outstanding matters were resolved`.

The judge
said it seemed at that stage that after four years of negotiations and
all the stakeholders buying into the project, all was set to go.


The minister a few days later announced that `the approval we
granted them is suspended until further notice.`

The judge in
this regard said: `If approval was to be given in future, what past
approval needed to be suspended? She found that the minister`s
reasons for the `suspension` were `palpably untrue`.

She said
the minutes of the meeting reflected that the minister signed the
approval. The minister, in turn, disputed that the minutes of the
meeting was true and that he did give the go-ahead.

The judge,
however, said: `I find the minister`s version to be rejected. I
declare that the minister did on January 28, 2016, grant Fireblade`s
application for an ad hoc international customs and immigration
service component…`

She declared that the minister`s approval
is thus of force and effect and may not be revoked without due cause.
She said Fireblade can implement and rely on the approval.