In a Johannesburg High Court judgement, delivered by Judge Fiona Dippenaar, on 6 February 2020 SA Express is be placed under business rescue. In her judgement, Dippenaar said SA Express was “placed under supervision in terms of chapter six of the Companies Act” and for business rescue proceedings to commence.
Global logistics company Ziegler SA, a former SA Express service provider, applied to the high court to place the airline under business rescue, or under liquidation, because the airline is technically insolvent and cannot pay its debts. Ziegler SA is owed R11.3-million by SA Express for unpaid services as it was responsible for the local and international movement of aircraft parts and engine parts for maintenance on behalf of the airline.
Like SAA and other state-owned enterprises, SA Express was at the centre of SA’s state capture story of corruption, with some very questionable tenders awarded to politically connected individuals to maintain unlawful alliances.
SA Express responded as follows :
The company is in receipt of the judgement placing the company in business rescue. Considering the content of the judgment, it is clear that the court went over and above what it was required and granted orders not sought by the applicant.
The court has also not made any order on whether the matter was urgent or not, in circumstances when the urgency was specifically opposed. The company has instructed its attorneys to apply for leave to appeal, which leave will be filed as soon as it is considered and settled by senior counsel.
