MC-4592

**Outlook Message ID:** `AAkALgAAAAAAHYQDEapmEc2byACqAC-EWg0A79prnwa9QEuY4jHjnpAstQAFAHCoWwAA` **Open in Outlook:** https://outlook.office365.com/owa/?ItemID=AAkALgAAAAAAHYQDEapmEc2byACqAC%2FEWg0A79prnwa9QEuY4jHjnpAstQAFAHCoWwAA&exvsurl=1&viewmodel=ReadMessageItem **From:** Matthew Herman <mherman@safair.co.za> **Subject:** Re: Motivation for the Temporary Appointment of Deneys Attorneys to Support CDH in the NCC **CC:** Kirby Gordon <kgordon@flysafair.co.za> **Date:** 2026-06-02 06:39 UTC **Attachments:** Yes (1 substantive file + 3 signature images) - Summary of the discussion with Deneys Attorneys regarding the NCC referral held on 28 May 2026.docx → /home/lucienne/workspace/attachments/ticket-pending-20260602T0900/Summary of the discussion with Deneys Attorneys regarding the NCC referral held on 28 May 2026.docx --- **EMAIL BODY** Elmar, I recommend that we temporarily engage Deneys Attorneys (formerly Norton Rose Fulbright) to work alongside CDH during the initial stages of the matter. This recommendation is driven primarily by the significance of the case. The NCC is seeking an unprecedented administrative penalty and is advancing a legal interpretation that could have far-reaching implications, not only for FlySafair but potentially for the airline industry as a whole. Given the scale of the matter, it is prudent to ensure that our position has been tested and challenged from more than one legal perspective before we commit to a formal response. The intention is not to create a long-term dual-firm arrangement or to duplicate CDH's work. CDH remains our lead legal adviser and will continue to drive the matter. The role of Deneys would be limited to providing an independent strategic review, stress-testing our legal arguments, and offering a second opinion on the key legal and regulatory issues before our answering affidavit is finalised. There is significant value in having another experienced legal team review the matter while our position is still being formulated. If both firms arrive at similar conclusions independently, it strengthens our confidence in the strategy. If they identify risks, gaps or alternative approaches, we have the opportunity to address those before our papers are filed. This is particularly important because the answering affidavit will set the foundation for the remainder of the proceedings. Importantly, this is a temporary arrangement focused on the preparation of the initial response and answering affidavit. Once that work is complete and litigation strategy settled, one firm would likely fall away. In summary, a short-term investment to ensure FlySafair puts forward the strongest, most thoroughly considered response at the outset of a complex, high-profile matter. Matthew Herman, Executive Manager Legal & Company Secretary. --- **ACTION REQUIRED** Approve / decline temporary appointment of Deneys Attorneys (ex-Norton Rose Fulbright) alongside CDH for an independent second-opinion / stress-test on the NCC referral, scoped to the answering affidavit phase only. Review the attached 28-May discussion summary docx before deciding. Time-sensitive — tied to answering-affidavit prep. *** **Correct me:** open this ticket in MC and use the Life Manager feedback buttons (Not important / Noisy sender / Noisy subject / Always surface / Wrong class / Done), or Telegram Luci: 'ignore like MC-XXXX', 'always surface MC-XXXX', 'noisy sender MC-XXXX', 'noisy subject MC-XXXX', or 'wrong MC-XXXX'. Rules write to ~/workspace/data/life-manager/config.yaml; safety keywords (safety/incident/urgent/safair/casa/sacaa/legal/d4h/etc.) block silence rules unless --force.