CAPE TOWN – Public Enterprises Minister Pravin Gordhan will have to provide all documents to the Western Cape High Court related to the sale of a majority stake in national carrier South African Airways (SAA) to Takatso Consortium.
Unsuccessful bidder Toto Investments took the government to court claiming the deal was not fair, equitable or transparent.
But it failed in its bid to immediately halt the sale transaction from going ahead.
Judge Nathan Erasmus of the Western Cape High Court gave the Department of Public Enterprises 20 days to submit documents it claimed were confidential to his chambers.
Only parties involved in the litigation will be privy to them and a second, nonconfidential record, will also be compiled.
“Should the applicant dispute any claim to confidentiality, and should the parties be unable to resolve the dispute, the applicant shall a notice the respondents and any person having an interest therein, have to apply to a judge in chambers for a ruling on the issue,” Erasmus said.
Erasmus, however, dismissed Toto Investments’ bid for the matter to be heard urgently, saying it should have filed the application when the sale was announced last year.
The Takatso aviation company was also not cited as a respondent in the case, only its holding company.
Erasmus, instead, issued directives for maintaining the confidentiality of the court record in preparation for the matter to be heard in January.
The Economic Freedom Fighters’ legal representative wants to join the proceedings.
The sale of the airline has become a political hot potato with the Democratic Alliance and United Democratic Movemen t both crying foul over the protracted sale.