Helicopter & Marine Services (Pty) Ltd and Another v V & A Waterfront Properties (Pty) Ltd and Others

The first respondent, through the second respondent, leased a helicopter landing site at the Victoria and Alfred Waterfront to the first applicant. The lease required compliance with the rules of the South African Civil Aviation Authority (CAA). In January 2004, the CAA issued a grounding order under the Aviation Act 74 of 1962 pending an airworthiness assessment. Fearing non-compliance, the respondents sought an urgent interdict to restrain the applicants from operating the helicopter in breach of both the lease and the grounding order. The Cape High Court dismissed the application, but the Supreme Court of Appeal overturned that decision and granted a final interdict. The applicants then sought leave to appeal to the Constitutional Court.

The application for leave to appeal to the Constitutional Court was dismissed with costs.

The case confirms the limited availability of collateral challenges to administrative action, particularly where private parties rely on the factual existence of an administrative act to enforce contractual rights. It reinforces the Oudekraal principle and clarifies that parties must directly review and set aside administrative decisions rather than ignore them when compliance is contractually required.