Ngqula v South African Airways (Pty) Limited

The appellant, Mr Khayakhulu Ngqula, former chief executive officer of South African Airways (SAA), was sued by SAA in the South Gauteng High Court for substantial amounts allegedly arising from breaches of fiduciary duties and unauthorised expenditure under his contract of employment. Ngqula raised jurisdictional objections based on a contractual clause conferring jurisdiction on the Transvaal Provincial Division (now North Gauteng High Court). Before those objections were determined, SAA successfully applied under section 3 of the Interim Rationalisation of the Jurisdiction of the High Courts Act 41 of 2001 to have the proceedings removed to the North Gauteng High Court. Ngqula attempted to appeal against that removal order, contending that it prejudiced him by depriving him of a potential prescription defence.

The appeal was struck off the roll, and the appellant was ordered to pay the respondent’s costs, including the costs of two counsel.

The case confirms that orders removing proceedings between High Courts under section 3 of the Interim Rationalisation of the Jurisdiction of the High Courts Act are not appealable. It reinforces the distinction between final and interlocutory orders in South African appellate practice and discourages tactical appeals aimed at procedural advantage rather than substantive justice.