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FlySafair seeks interdict against licensing council

Publish date: 18 November 2024
Issue Number: 1103
Diary: IBA Legalbrief Africa
Category: Aviation

FlySafair has announced that it has filed an urgent application for an interdict in response to a recent decision by the chairman of the International Air Services Licensing Council regarding nationality provisions and potential sanctions that could affect its international routes. The airline has assured customers that it is committed to maintaining service continuity and transparency throughout the regulatory process, reports Moneyweb. The recent decision impacts only FlySafair's international routes and does not affect domestic flights, which are regulated under a different licence, the airline says. FlySafair has expressed confidence in its compliance with existing regulations, asserting its longstanding adherence to the rules governing the aviation sector. 'We remain committed to transparency and operational integrity,' FlySafair states, adding that it respects the council’s regulatory role and is prepared to work collaboratively to achieve a fair outcome. The airline stresses its intention to avoid any disruptions for international customers and is actively engaging with authorities to resolve the matter. Back-up plans are also in place to ensure minimal impact on customers should further issues arise. Some competitors have raised objections to FlySafair’s interdict, a move FlySafair acknowledged as potentially influenced by competing business interests. The airline called on all stakeholders to consider the broader implications, including potential fare hikes and disruptions that could arise from limiting seat availability during the peak summer travel season.

Full Moneyweb report

FlySafair currently operates on the Johannesburg-Harare, Johannesburg-Mauritius, Johannesburg-Victoria Falls, Johannesburg-Zanzibar as well as Cape Town-Windhoek cross-border routes. Moneyweb reports that a suspension of this licence will mean a grounding on these routes. It received approvals from the Air Services Licensing Council for 11 routes in 2022, and at that time, approvals for the Harare, Windhoek, and Zanzibar routes (and additional frequencies to Mauritius were outstanding). Additionally, there are a number of routes in that original list of approvals that are not yet operating. Under existing legislation, foreign entities may not own more than 25% of airlines based in SA. Competitors Airlink and Global Aviation, the operator of Lift, complained to regulators about FlySafair’s shareholding two years ago, and the council began a process to ‘clarify’ FlySafair’s shareholding.

Full Moneyweb report

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