Impala Platinum Limited v Koninklijke Luchtvaart Maatschappij NV and Another

Impala Platinum Limited (Implats) was the consignor of platinum and palladium cargo transported under international air waybills from Johannesburg to Philadelphia via Amsterdam and Minneapolis, involving successive carriers KLM and Northwest Airlines. Part of the cargo was lost and never delivered. The cargo had been sold on CIP terms to third-party buyers and insured by Implats; the buyers or Implats were indemnified by insurers, with the result that Implats itself suffered no financial loss. Implats nevertheless sued the carriers under the Warsaw Convention for the value of the lost cargo. The High Court held that Implats lacked locus standi because it suffered no loss.

The appeal was upheld. The order of the High Court dismissing the claim for lack of locus standi was set aside, and Implats was held to have title to sue under the Warsaw Convention.

The case clarifies South African law on standing under the Warsaw Convention, affirming that in cases of successive international air carriage, the Convention itself determines who may sue. It reinforces the principle of uniform and autonomous interpretation of international aviation conventions and limits reliance on domestic law concepts where the Convention provides comprehensive rules.