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Aviation

Cliffe Dekker Hofmeyr's Aviation group, together with that of DLA Piper, is an established and significant provider of legal services to the local, regional and international aviation community in all areas where the law touches aviation.

Our experience

Corporate and commercial

  • Represented the national operator in proceedings instituted to ascertain the lawfulness of the withdrawal of the guidelines for interconnection and facilities leasing by the Minister of Communications
     
  • Represented an airport company in an insurance claim in the amount of approximately R11 million
     
  • Reviewed the increase of airport tariffs on behalf of international airlines flying into Johannesburg
     
  • Advised representative bodies of airlines including AOC, AOA and BARSA on various matters including tariff disputes and ramp handling issues
     
  • Acted for a number of international airlines relating to claims and losses and in respect of damages to various aircrafts
     
  • Advised Airports Company of South Africa (ACSA) in negotiations with Gauteng Provincial Government on airports company's grant of servitudes at OR Tambo International Airport to Provincial Government in terms of enabling agreement for construction and operation at airport of railway viaduct and airport terminal station for Gautrain rapid-rail passenger-railway airport branch line
     
  • Advised ACSA in negotiations with railway concessionaire Bombela Concession Company on airports company's entering into so-called third-party agreement with concessionaire to regulate construction and operation by concessionaire at OR Tambo International Airport of Gautrain railway viaduct and airport terminal station, including security and safety measures by parties
     
  • Advising township-development trusts developing industrial townships contiguous to Lanseria International Airport regarding contract terms and conditions for their land-exchange agreement with Lanseria Airport 1993 and Lanseria International Airport in connection with airport-runway requirements, building-height restrictions, airport-access servitudes, power-cable servitude in favour of Eskom, sewage-leading servitude in favour of developers or Johannesburg Water, and security-corridor servitude
     
  • Advised state-owned telecommunications-infrastructure company and its procurement consultants on contract terms and conditions for design and laying and commissioning of intercontinental submarine fibre-optic telecommunication-cable system and on negotiations with tenders
     
  • Advised Australian wind-assessment consultancy on laws governing wind-generated electricity in South Africa and on land-access and long-lease-option agreements with landowners
     
  • Drafted model windpower-generated electricity-purchasing contract for United Nations Development Programme, and settling windpower-sale contract for pilot windfarm project at Darling, Western Cape
     
  • Advised public listed contract-coalmining company on compliance with stock-exchange listing requirements of directors' exercise of share options under share-incentive scheme, and amendments required to share-incentive trust deed
     
  • Drafted engineering, procurement and construction management agreement for twin-mining-shaft construction project at world's deepest-level goldmine in western Witwatersrand
     
  • Drafted legislation for promulgation by governments and statutory bodies at all levels
     
  • Litigated in administrative law, and obtaining landmark judgment on proportional representation in political bodies

Competition

  • Advising Qantas on the SAA exemption application in 2006, which included a review of the SAA and Qantas' codeshare agreement
     
  • Review of a codeshare agreement in the context of consent order proceedings before the Competition Tribunal, on behalf of Lufthansa, relating to alleged price fixing in air passenger services arising from the codeshare agreement between SAA and Lufthansa
     
  • Preliminary advice to Jet Airways India concerning a proposed cooperation arrangement with SAA
     
  • Advising SA Airlink on competition law considerations in respect of its relationship with SAA (with SAA's permission)
     
  • Acting for Lufthansa in a leniency application regarding alleged collusion relating to cargo services
     
  • Advising SAA on competition law implications of a proposed travel agent incentive scheme relating to India routes
     
  • Acting for SAA in dawn raid proceedings instituted by the Commission relating to alleged collusion in respect of the 2010 World Cup
     
  • Advising SAA in respect of an investigation by the Commission into alleged collusion between SAA and other international airlines on the Far East/Asia routes
     
  • Represented SAA in the Tribunal case brought by Comair and Nationwide against SAA in relation to incentives paid to travel agents
     
  • Represented SAA in a damages claim brought by Nationwide in relation to SAA's travel incentive scheme and representing SAA in a similar damages claim brought by Comair
     
  • Successfully negotiated the conditional approval in South Africa of the merger between Lufthansa and Swiss International Airlines
     
  • Advised a number of foreign airlines in respect of competition law implications of aspects of a proposed A++ Agreement
     
  • Reviewing and amending the SAA Sale and Purchase Agreement relating to SAA's proposed disposal of Boeing 747-400 aircraft
     
  • Advising SAA in relation to its sub-lease agreements with Mango relating to four Boeing 737-800 aircraft that SA had secured under lease from a General Electric subsidiary
     
  • Advising Airlink in the acquisition and financing of its Jetstream J41 fleet of aircraft

Employment

  • Representing SAA in various applications to the Labour Court to interdict unprotected strike action by SATAWU
     
  • Advising SAA on various aspects arising from its collective bargaining processes, collective labour law disputes and individual employment disputes with employees or ex-employees
     
  • Represented SAA and the Airlines Association of Southern Africa (AASA) in bringing an application to the Minister of Labour in 2009/2010 to exclude the airlines' cabin crew and pilots from various provisions of the Basic Conditions of Employment Act (BCEA)

Environmental

  • Advised ACSA on all aspects of legal obligations and liabilities arising from a large fuel spill at the OR Tambo International Airport
     
  • Advised ACSA regarding all aspects of environmental legal obligations, particularly regarding expansion and operational obligations
     
  • Advised ACSA regarding its legal obligations arising from a spill at the Kimberley Airport
     
  • Advised ACSA regarding its obligations under an environmental authorisation issued for the La Mercy Airport, north of Durban, and the merits of lodging appeal against that
     
  • Advised Transnet on various aspects of pollution control and its expansion, particularly relating to environmental impact assessment
     
  • Advised Eskom of its obligations relating to environmental impact assessment for the establishment of power generation facilities
     
  • Drafting opinion on personal liability arising out of threatened criminal prosecution for environmental offences at an international South African airport
     
  • Provided general environmental legal advice to a range of industries and sectors including airports, waste management companies, property developers, banks and fuel companies
     
  • Assisted in the drafting of a detailed response on behalf of ACSA to an appeal against a decision to authorise the construction of fuel storage tanks, fuel supply lines and ancillary infrastructure at OR Tambo International Airport
     
  • Assisted in drafting a compliance inspection guideline for ACSA

Finance and Banking

  • Advised Eskom in relation to the leasing of aircraft
     
  • Advised SAA in relation to its recapitalisation by way of a ZAR1,3 billion perpetual subordinated, national guaranteed loan facility granted to it by Nedbank (2007)
     
  • Advised SAA in relation to its recapitalisation by way of a ZAR1,53 billion perpetual subordinated, national guaranteed loan facility granted to it by multiple financial institutions (2008)
     
  •  Advised Equipment Leasing Finance Corporation (an Irish-based corporation) in relation to its aircraft engine leasing arrangements with SAA (after having obtained the requisite conflicts waivers from SAA)
     
  • Advised AOC Geometrics in relation to sale of aircraft
     
  • Advised Eskom in relation to its purchase of a fleet of five Bell helicopters for use in its transmission network monitoring and maintenance function
     
  • Advised Eskom in relation to maintenance arrangements in respect of helicopters forming part of its fleet
     
  • Advising ACSA in relation to the Civil Aviation Bill currently being considered by parliament
     
  • Advised Singapore Airlines Terminal Services in relation to its bid to acquire the business of the ground handling operator, Apron Services, which at that time had national operations in South Africa
     
  • Have expertise and practical experience in the hypothecation of aircraft registered in South Africa, in accordance with the requirements of the International Recognition of Rights in Aircraft Act, 1993 and the Mortgaging of Aircraft Regulations, 1997, including the preparation and registration of deeds of mortgage and the cancellation of registered deeds of mortgage with the Civil Aviation Authority in Midrand
     
  • Advised the sellers of several Boeing 747 aircraft that had been leased to SAA in relation to the local law aspects of the sale thereof, including attending to the discharge of mortgages over and deregistration of such aircraft and overseeing exchange control compliance
     
  • Advising SAA in relation to a proposed Airline Transportation Agreement with MATCH AG Services designed to address FIFA's air transportation requirements for the 2010 FIFA Soccer World Cup
     
  • Advised SAA in relation to certain aspects of their Wet Lease Agreements with Angolan operator, TAAG.

Tax

  • Tax advice on structuring agreements
     
  • Obtaining of private binding rulings
     
  • Advice on structuring lease agreements
     
  • Property related transactions

 

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