Airports Company Act, 1993

Constitutional procurement (s 217) – applies to state grants of concessions/lettings providing services; PAJA – RFB can be reviewable where pre‑qualification has direct adverse legal effect; Preferential Procurement Act/Regulations – prescribe price/preference regimes (80/20 or 90/10) and requirement to specify objective criteria; B‑BBEE Act and Sector Codes – organs of state must apply sector codes and obtain ministerial consent to deviate; Rationality/process review – decisions must be lawfully authorised, factually grounded and rationally connected to purpose; Remedy – unlawful RFB set aside.

Refugee law; ports of entry; inadmissible facility; non‑refoulement; jurisdiction of South African courts over detainees at international airports; duty to re‑admit and process refugees and asylum seekers; waiver of refugee status not presumed; interplay with international aviation instruments.

Civil procedure – rescission of consent orders – focus on court order rather than underlying settlement; lack of authority to conclude settlement (no board resolution, no ministerial consent) vitiates consent order; standing of majority shareholder to seek rescission; ratification and estoppel cannot validate unauthorised corporate transactions; peremption discretionary.

* Civil procedure – contempt of court – enforcement of settlement agreement made an order of court – whether non‑compliance was wilful and mala fide. * Arbitration – dispute resolution clause incorporated into court order – whether arbitration precludes or delays contempt proceedings and whether a stay should have been considered. * Evidence – reliance on bona fide legal advice and attempts to comply may negate wilfulness; adequacy of affidavits from executives on advice material. * Contempt procedure – committal is a remedy of last resort; courts must scrutinise facts carefully before imprisonment.

Value‑added tax – zero‑rating of international carriage – recovery of passenger service charge imposed by airports operator – distinction between supplying a service and recovering a third‑party charge – interpretation and limits of s 8(15) of the Value‑Added Tax Act.