Africa-Press – South-Africa. A businessman will be allowed to return to the skies after the Eastern Cape High Court in Gqeberha ruled that his pilot’s licence remains valid.
David Mandel took on the Civil Aviation Authority (CAA) after it resolved to suspend his licence for six months for violating regulations last year.
Mandel – an experienced pilot with an immaculate record for the 40 years he has had his papers – had been flying an L39 Albatross jet trainer aircraft when he noticed people on a runway near Knysna in September last year.
He returned to Plettenberg Bay after undertaking a pass at 1 000 feet above ground level and also dipping his wings to prompt them to clear.
His conduct was escalated by the CAA to its enforcement unit as a violation of regulations regarding minimum heights over congested areas or an assembly of people. He was found to have been irresponsible, grossly negligent and guilty of acting dangerously.
Mandel’s sanction was a licence suspension, effective from 6 April to 5 October, with no reference made to his own representations.
He took the matter to the High Court, launching an urgent application to suspend the move, pending review proceedings of the administrative decisions.
Mandel, in his papers, argued that he used his aircrafts for business and personal travel, in addition to flying for practice and to maintain his skill set.
He was scheduled to take part in various air shows this year, but waiting for a further appeal would cause him prejudice as it was unlikely that it would be resolved within the suspension period.
He had attempted internal remedies by filing a written appeal with the appeal committee, but found there was none in place.
According to a response to him by the Department of Transport, the process had “started”, but the committee was only expected to be operational in June or July.
The CAA and its officials, listed as respondents, opposed the application, arguing a lack of urgency and Mandel’s perceived failure to make out a prima facie case for success in the review.
It further argued that the minister should also be added to the matter as the authority who establishes the appeals committee.
Judge Avinash Govindjee said Mandel was unable to pursue recourse without impediment.
Govindjee said:
Mandel had also challenged the CAA’s handling of his case, premised on the constitutional right to just administrative action.
He had made representations after he was informed of the intended licence suspension, of which none was referenced almost four months later when the sanction was confirmed.
In addition, the complaint was only initiated three months after the incident.
Mandel argued that his suspension followed seven months after the fact, meaning that the circumstances clearly had not warranted immediate action.
Mandel charged that his suspension occurred in an arbitrary, unlawful and irregular manner, based on various subparts of the Civil Aviation Regulations.
He further pointed out that he had not received any of the evidence relied upon by the CAA and was only afforded 14 days in which to respond, and not the required 30. This, he argued, amounted to procedural unfairness.
And, according to Mandel, the lack of reference to his representations demonstrated failure to establish wilful or grossly negligent conduct on a balance of probabilities.
Govindjee found in Mandel’s favour, saying the facts he relied on showed the CAA appeared to have failed to comply by its prescribed process and that he had established a “well-grounded apprehension of irreparable harm” should he not be allowed to fly his aircrafts or participate in the air shows to which he had committed.
He suspended the implementation of the CAA’s decision, pending the review of the finding.
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