Summary
- The High Court of South Africa ordered SAA to delete and destroy Airlink’s confidential information, which was obtained by a former executive.
- Judge Unterhalter also ordered SAA and former Airlink employees to provide an affidavit confirming the removal of Airlink’s information.
- SAA denies needing Airlink’s data to run its operations and vows to vigorously defend its case if the matter proceeds.
The Gauteng Division of the High Court of South Africa has ordered the national carrier South African Airways (SAA) to delete and stop using confidential commercial information belonging to Airlink, which a former executive allegedly leaked before joining SAA.
Airlink’s case against South African Airways
The April 16 High Court order was in response to an urgent interdict application filed by Airlink on March 20 against its former executive Manager of Sales and Marketing Carla Da Silva, South African Airways, and ten other ex-employees who are now working for the national carrier. Da Silva had been employed by Airlink since 2021 before rejoining SAA in November 2023.
Photo: J de Reuck | Airlink
The privately-owned airline sought to prevent SAA and its employees from using or disclosing sensitive commercial information, which it alleges was obtained illegally by the former executive. As reported by ch-aviation, this includes information about Airlink’s contracts with travel agencies and travel management consortiums, including the financial values of these relationships.
Related
South African Airports Could Face Jet Fuel Crisis Due To Supplier Dispute
Fuel stock levels at Johannesburg OR Tambo Airport have dipped below the recommended benchmark.
Order from the High Court of South Africa
In the ruling, High Court Judge David Unterhalter ordered the national carrier and the other former employees, including Da Silva, “to delete, remove, and destroy” all electronic copies of an Excel spreadsheet containing Airlink’s customer database, emailed by the former executive to other respondents in October 2023. At this time, she was still on Airlink’s payroll, according to The Citizen.
The respondents must also “delete, remove, and destroy all electronic copies of the file or any pieces of information contained therein in any derivative form, including SAA’s consolidated database as of November 14, 2023, currently in possession of the SAA respondents.”
Photo: Airbus
The national carrier was given until April 17 to provide an affidavit confirming that save for copies that were kept as evidence, the documentation in the SAA respondents’ possession has been deleted, and the airline and its employees have not used the information before or after it became available to them in October 2023.
Furthermore, SAA must confirm that “all electronic copies of the file or any pieces of information contained therein from any derivative form in the possession of the respondents have been removed.” The case was adjourned sine die, and costs were reserved.
Both airlines welcomed the court order
Airlink welcomed the High Court’s decision, as the outcome confirmed the validity of its case. Airlink CEO and Managing Director Roger Foster commented,
“Airlink is satisfied with the Court outcome this week and the relief it provides with the order that SAA must delete, destroy, and not use any of Airlink’s intellectual property in any way. The outcome also confirms the seriousness and validity of our case against Mrs Da Silva, SAA, and the other respondents.”
South African Airways also welcomed the order issued by Judge Unterhalter, highlighting that it was by mutual agreement of the parties without any admission of guilt by the respondents. Meanwhile, the matter was removed from the urgent court roll to be dealt with by the ordinary courts. However, a court date is still awaited.
Photo: Thiago B Trevisan | Shutterstock
In its statement, the national carrier claimed that it does not need information from other airlines to run its operations and that the information Airlink claims to have proprietary rights to can be accessed on airline industry platforms. SAA vowed to vigorously defend its case if Airlink decides to take the matter further.
Related
Sale Of South African Airways Collapses After 3 Years Of Negotiation
Both parties failed to reach an agreement on the airline’s value.
“As a responsible national flag carrier with an interest to promote a vibrant and competitive South African airline industry, SAA is pursuing its internal processes in dealing with all aspects of Airlink’s allegations. These processes are now subject to the sub judice rule, as the matter is being litigated in court,” added South African Airways Interim CEO Professor John Lamola.
What are your thoughts on Airlink’s case against South African Airways? Please let us know in the comments!
