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HIGH COURT RULING: SAA ORDERED TO ERASE AIRLINK’S DATA

In a recent legal victory, Airlink (South Africa) has secured a High Court order mandating South African Airways (SAA) to obliterate confidential commercial data procured from a former executive who transitioned from Airlink to the national carrier.

CEO and Managing Director of Airlink, Rodger Foster, expressed satisfaction with the court’s decision, stating, “Airlink is satisfied with the court outcome today 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.” Foster underscored the gravity of the case, affirming its significance in validating Airlink’s claims against the former executive and SAA.


The court order, issued by the Gauteng division of the High Court of South Africa on April 16, was in response to an urgent interdict application filed by Airlink on March 20. This application targeted Carla da Silva, a former executive manager of sales and marketing at Airlink, along with SAA and ten former Airlink employees who subsequently joined SAA.


Airlink’s legal action aims to prevent the exploitation or disclosure of confidential information extracted from its database, encompassing details of contracts with travel agencies and travel management consortiums, alongside the associated financial metrics.


Judge David Unterhalter, presiding over the case, directed SAA, Da Silva, and the ten other ex-employees to:

  • Eradicate all electronic copies of a Microsoft Excel file containing Airlink’s customer database, disseminated by Da Silva to the respondents on October 29, 2023, and currently held by them at SAA.
  • Eliminate all electronic copies of the file or any extracted information in any derivative form, including SAA’s consolidated database as of November 14, 2023, which is presently within the possession of the SAA respondents.

Furthermore, the judge stipulated that SAA must furnish an affidavit by April 17, 2024, confirming:

  • The deletion and destruction of all documentation pertaining to the case, except for evidence copies.
  • The non-utilisation of the information by SAA or its employees, both prior to and after the document’s circulation on October 29, 2023.
  • The removal of all electronic copies of the file or any extracted information from any derivative form held by the respondents.

The case has been adjourned indefinitely, with costs reserved, and transitioned from urgent to ordinary court proceedings. This transition implies that while the matter will still proceed to court, it will occur at a later date to be determined.


This legal development underscores the criticality of safeguarding intellectual property rights within the aviation industry and signals Airlink’s commitment to protecting its confidential information against unauthorised use or disclosure.

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