LEGAL TURBULENCE: SAA group CEO recruitment drama takes a new turn as Seshibe withdraws court challenge

On Friday, 16 October 2026, TGR Attorneys, representing former acting group CEO of SAA, Matshela Seshibe – who is still on special leave – formally notified South African Airways’ (SAA’s) legal representatives, Cliffe Dekker Hofmeyr, that Seshibe had withdrawn his urgent high court application under case number 2026-252108.

The “T” in TGR is for Peter Tshisevhe, a former SAA board member

The matter was originally scheduled to be heard in the high court (specifically the Gauteng Local Division in Johannesburg) on Tuesday, 20 October 2026. By delivering formal notice to remove the matter from the urgent roll, Seshibe has halted his immediate judicial attempt to force SAA to interview him or interdict the airline from appointing a permanent group CEO.

When Daily Maverick asked the airline about the recruitment process, corporate affairs chief Mphilo Dlamini confirmed that the process will continue, as SAA had earlier communicated. He also confirmed that “Mr Matshela Seshibe has withdrawn the legal challenge instituted against the airline in relation to his exclusion from the interview stage of the recruitment process for the position of Chief Executive Officer”.

“SAA will not comment further on the circumstances or reasons for the withdrawal,” Dlamini went on to say. “These matters are confidential and relate to the employment relationship.”

He also said that “SAA remains committed to sound governance, due process and the consistent application of its policies and procedures”.

Where to from here?

In the withdrawal notice, TGR noted that the firm had been instructed to withdraw the urgent application by their client, but that “for the avoidance of doubt, the withdrawal of the urgent application should not be construed as an abandonment of the facts, concerns, or complaints raised by our client in his founding affidavit”.

“Our client maintains and stands by the contents thereof and remains of the view that he has been and continues to be treated unfairly by your client. The decision to withdraw the urgent application is therefore not a concession of the merits of your client’s position, nor an acceptance that the conduct complained of was lawful, reasonable or procedurally fair.”

So that means SAA is no longer under immediate threat of a court-ordered interdict and the board can proceed unhindered with interviewing and appointing a permanent CEO by its target deadline, the end of October 2026.

Because Seshibe explicitly reserved all rights without conceding merits, he legally retains the ability to initiate non-urgent legal actions – such as review proceedings, unfair labour practice disputes at the CCMA/Labour Court, or damages claims – once the Air Chefs disciplinary hearing is finalised or further adverse decisions are taken.

Bottom line: SAA continues under the interim leadership of chief legal officer Koekie Mbeki as acting group CEO, while Seshibe remains on special leave pending the internal process. DM