adminYeukai Karengezeka Court Correspondent
South African Airways (SAA) must pay arrears of US$877 435 to the Ministry of Environment, Climate, Tourism and Hospitality Industry for meteorological fees, High Court judge Justice Owen Tagu has ruled.
For the past six years, SAA has been refusing to pay the amount arguing that the fees were non-existent and that the ministry was duplicating roles with the Civil Aviation Authority of Zimbabwe (CAAZ).
SAA then later claimed that it had paid all the fees to CAAZ, a fact that the authority disputed.
The aviation authority in its plea stated that SAA like any other airways is at law obliged to pay meteorological fees and other statutory fees.
These include departure, landing and overflight fees.
According to the court papers, SAA was using the Victoria Falls Airport and Robert Gabriel Mugabe International Airport without paying any fees since 2006 prompting the ministry to file a lawsuit against the airline in 2004.
In his ruling, Justice Tagu ordered SAA to pay the ministry the sum of US$877 435 being the outstanding fees for the period January 2006 to April 30, 2014.
Further, SAA was also ordered to pay all and further outstanding meteorological s fees from May 1, 2014 to date of final payment and to pay interest on the above sums at the prescribed rate of interest from the date of service of the summons to date of final payment.
The South African authority is also to pay cost of the suit.
In his ruling, Justice Tagu said SAA had failed to defend its case as it changed goalposts during the hearing, leaving the court with no option, but to grant a ruling in the ministry’s favour.
He said SAA’s failure or neglect to pay had no lawful jurisdiction as it was denying the ministry its right to recover costs as per the statutory law and by so doing, it has breached the laws of Zimbabwe.
Online Reporter