Minister of Home Affairs and Another v Fireblade Aviation (Pty) Ltd and Others

Fireblade Aviation (Pty) Ltd applied for approval to operate an ad hoc international customs and immigration facility for a corporate fixed-base aviation operation within the precincts of OR Tambo International Airport. On 28 January 2016, contemporaneous documents showed that the Minister of Home Affairs approved the application. Subsequently, after concerns were raised by Denel SOC Ltd, the Minister attempted to suspend or deny that approval. Fireblade successfully approached the Gauteng Division of the High Court for an order declaring that approval had been granted. The High Court (Potterill J) granted the relief and later refused leave to appeal, while also granting an enforcement order under s 18(1) of the Superior Courts Act. An appeal against the s 18 order was dismissed by the Full Court. The Minister then sought leave to appeal to the Supreme Court of Appeal against the original High Court judgment.

The application for leave to appeal was dismissed with costs.

The judgment clarifies the distinction between ordinary leave to appeal and special leave to appeal under the Superior Courts Act, particularly where multiple courts have considered related matters under s 18. It reinforces key administrative-law principles that an organ of state is bound by its own decisions until lawfully set aside, and that attempts to circumvent valid administrative decisions are impermissible. The case also confirms that not all arrangements involving private parties trigger constitutional procurement requirements under s 217.