www.sayer.com | March 2019
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However, nearly two years later, CAA
decided to appeal the decision, but rst had
to ask the courts to condone their very late
application. They were well past the 60
days allowed for ling an appeal to the High
Court. Their application was voluminous,
lled with irrelevant nonsense and some
downright untruths. It was also supported
by Lanseria and Grand Central airports, who
had (according to the CAAC) a commercial
interest in the outcomes.
Due to the issues being of great
importance to AOPA members and others
with similar interests, we jumped aboard
again to support the case. We are pleased
to say that our appeal for contributions
raised an amount of R126 450 in addition
to AOPA’s expenditure. This impressive
response resulted from one emailed
newsletter that was also posted on social
media and aviation forums.
This was the rst time we had done
something like this, so the structure we
adopted was that contributors would pay
directly into an attorney’s trust account
rather than into AOPA’s account. This would
keep it separate from AOPA’s day-to-day
cash ow and avoid any disputes.
Despite several delays in the case, the
matter was nally heard, but the judge took
three months considering her judgement.
However, when it was nally handed down,
Judge Elizabeth Kubusi was scathing about
director Poppy Khoza and CAA executive
Gawie Bestbier’s “frivolous and vexatious”
conduct and awarded attorney and client
costs in favour of E-Bury last year.
The courts grind slowly and the bill of
costs has been sent to CAA. However, they
have not responded and the bill of costs is
now before the High Court’s taxing master
for nalisation. When done, we expect to
be claiming payment in excess of R300 000
sometime in the next couple of months.
We are expecting to be repaying those
contributors who would like their money
back. Alternatively, any surplus will be dealt
with by the Treasurer, perhaps through a
separate litigation fund.
In the circumstances, we will undoubtedly
be utilising a ‘crowdfunding’ approach again
in future where it may be needed for a
specic project. This concept arose from
the disparity where it seems unfair that a
microlight enthusiast nds his membership
fees going towards the interests of members
who operate large business jets and vice
versa. It also avoids there being too much
cash sloshing around in the accounts of an
informal association like AOPA – something
that always causes problems.
REGULATORY ISSUES
Needless to say, our successes in court
last year undoubtedly caused considerable
annoyance to Khoza and her associates.
She has therefore embarked on a campaign
of intimidating website owners who dare
carry AOPA news and res off frequent
threats to AOPA directors. She has even
demanded that we make representations
to her about how we run our own internal
affairs.
Clearly she is trying to pick a ght with
us. We nd this quite amusing and accept
it as recognition that we are doing a great
job. Our few detractors spread the word that
“AOPA just wants to ght.” That is simply not
true, but when we do ght, we ght to win.
Although CAA has had the Minister
sign a few regulations despite vehement
opposition from us, notably the absurd Part
21 requirements for loads of expensive
paperwork to be submitted every year for
unnecessary renewals of certicates of
airworthiness, we have managed to keep
many of the others at bay, for now.
Khoza and her associates have also
been trying to interfere with the rights of
AOPA’s members to be heard, but in doing
so they are simply undermining their own
position. Without proper openness and
transparency, regulations can and must be
set aside if they adversely affect our rights
as aircraft owners and pilots. Of course we
don’t want to ght, but if we have to, we will.
The coming year is likely to throw
us further challenges, but we are ready
for them.
COLUMNS
Source: Tradingeconomics.com | National Treasury, South Africa
BELOW: Government debt as a percentage of GDP is a good indicator of scal restraint.