Niël Terblanché
The postponement of the matter of Menzies Aviation against the Namibia Airports Company by High Court Judge Shifimana Ueitele until 4 August 2023 has given the British company another 30 days to perform ground handling services at the Hosea Kutako International Airport. This is despite a Supreme Court judgement against Menzies to cease operations at the country’s international airport.
Ueitele indicated that he will deliver his judgement at the beginning of next month.
The postponement of the matter means that, in essence the Supreme Court’s order delivered on 9 June 2023 for Menzies Aviation Namibia to cease performing ground handling services at Namibia’s main airport on the 12th of June 2023 has been rendered insignificant. The Supreme Court order will again not be imposed for another 30 days pending the judgement of Judge Ueitele in the High Court.
The Namibia Airports Company in a communique, informed all stakeholders that after hearing submissions of the respective parties’ legal representatives yesterday, the matter was postponed for delivery of judgment.
“The court, however, indicated that it will strive to hand down the requisite judgment on an earlier date,” the communique stated.
The airports company assured stakeholders that they will be updated about further developments the instant that it occurs.
On the 9th of June 2023 the Supreme Court dismissed Menzies’ appeal against a High Court order of 29 June 2022, which found that the contract between Menzies and the Namibia Airports Company for the provision of ground handling services at HKIA was indeed terminated.
Since then, Menzies instituted urgent court proceedings in the High Court that were served on NAC and Paragon in the late afternoon of Monday, 12 June 2023, seeking suspension of the court order in terms of which Menzies was supposed to cease rendering ground handling services at HKIA on 12 June 2023.
The company approached the High Court with another application on12 June 2023 and the matter proceeded into the late evening.
The court reserved judgment and postponed the matter to Thursday, 15 June 2023 for delivery
of judgment.
Judge Ueitele delivered a partial judgement but postponed the matter until the 4th of July for a hearing in respect of the underlying merits of the matter that encompasses the substantive dispute between the parties.
