Synoptical report on SAE provisional liquidation High Court judgment
SAE reported having been put on provisional liquidation post the application filed by BRPs at High Court in Pretoria. Whilst this information has not been provided to the Union by BRPs, who for many times to remember always had some kind of attitudinal approach on meeting us on deliberating on issues raised by the Union on how best we would have wanted SAE to be rescued, however, the information we got from the Media is confirmed to be correct. It is reported the Pretoria High Court has ultimately put the Business into provisional liquidation. This provisional liquidation comes a long way after the Company was put on a compulsory business rescue plan as well as after the pronouncement of the National lockdown that has affected the Industry globally. Whilst we saw this problem coming, SATAWU made countless submissions to the BRPs and Ministry: DPE on the best measures to be considered, which we believe did not find space in the hearts of the BRPs as such submissions are known not to have been communicated to the Ministry: DPE. The key to this situation is, however, to direct ourselves on: ‘What is next’ or ‘What is to be done now’.
Application to challenge the Provisional Liquidation
Subsequent to this provisional liquidation judgement by the High Court, the Union’s National Leadership will be meeting tomorrow, 29th April 2020, among others to develop a responsive approach and deliverable measures to this provisional liquidation judgement. Further to this process, the Union leadership will be consistently on the ground, consulting and reporting back to members on the legal steps to be taken on addressing this matter. The Union leadership thereof post this urgent meeting, will make its formal and official pronouncement in consultation with our members at SAE on the processes going forward.
Common processes post the provisional liquidation
It is required by Law that an application opposing this judgement can be lodged to the High Court on the reasons the Union would advance and for the High Court not to move on with the full scale of liquidation of the Company. In the same process, the High Court would then appoint provisional liquidator/s to preserve the Company assets until the finality on whether the Business should close down and start winding after the Court has decided to appoint a Liquidator/s to wind up the business. We will thereof after the meeting scheduled as reported above report back to our members on the actual legal processes to be followed. We will do all in our power to represent the members to the end and soldier on dealing with the possible liquidation of SAE
Engagements with the DPE on the future of SAE
SATAWU made a submission to the DPE on seeking the Government’s consideration of our belief that SAA can be resuscitated as a recognition that it forms part of an integrated public transport strategic pillars in SA. We believe rebuilding SAA shall assist in strengthening SA’s transport corridors especially between Rail & Aviation with a central goal of shifting from other modes of transport but to Air Freight carriages.
The new SAA national carrier we envisage cannot be with the exclusion of SAE & Mango, focusing on domestic – regional activities with SAA being responsible for International activities. As a result, we called upon the government to include SAE & Mango in the new national airline, with workers also having a stake in the new business and direct representation in the Board. Discussions with the Ministry are still unfolding and believe government if indeed is government for the people, by the people will consider the proposals submitted by SATAWU and rescue hundreds of families that will become casualties of this liquidation and exclusion of SAE & Mango to the new entity thereof. The state of both SAA and SAE which resulted in its current quagmire is not as the result of workers who are to lose their jobs, but those that were in the hierarchy and power in SAA – SAE and government, who some of them looted SAE & SAA to the bone.
We will be consulting and reporting back to our members and commit to fighting this battle to the end
For any further information, you may contact SATAWU Deputy General Secretary, Anele Kiet (071 021 1903) or Aviation Coordinator, Nelson Lamityi (076 402 0308)