Air Namibia stops FlyAfrica

04 Sep 2015 18:40pm
WINDHOEK, 04 SEP (NAMPA) - Air Namibia on Friday succeeded in stopping FlyAfrica Namibia from flying passengers from Windhoek's Hosea Kutako International Airport to Oliver Tambo International Airport in Johannesburg, South Africa.
Low fare airline FlyAfrica Namibia is a joint venture between Namibian-based Nomad Aviation and FlyAfrica Limited, a Mauritius-based private equity aviation investment group.
FlyAfrica Namibia’s operations were stopped following an order issued by High Court Judge Shafimana Ueitele at the finalisation of the hearing of an urgent application which was brought before court by Air Namibia on Friday.
According to the court order, FlyAfrica Namibia can fly passengers from any other airport in Namibia to any other airport in South Africa.
The airline is only prohibited from flying passengers from Hosea Kutako International Airport to Oliver Tambo International Airport and vice-versa because it still has not acquired any valid or legal Air Service Authority or Licence to transport passengers between the two airports.
This prohibition will be in force until the Windhoek High Court pronounces itself on a review of the pending main application which was earlier brought by Air Namibia before court.
FlyAfrica Namibia’s first flights to Johannesburg were scheduled to take off on Friday, but this was prevented by the urgent application lodged before High Court by Air Namibia.
According to papers presented before court on Friday, Air Namibia brought the urgent application against Nomad Aviation (first respondent), the chairperson of Namibia's Transportation Commission, and the Transportation Commission itself as the second and third respondents.
According to court documents, Air Namibia said that Nomad Aviation is “not in possession of a valid Air Service Licence, or licences to conduct scheduled air services for the conveyance of passengers between Namibia and South Africa and vice versa.”
The national airline, therefore, wanted Nomad Aviation’s flights to be prohibited until the issue was resolved.
Air Namibia had previously also pushed to have FlyAfrica Namibia’s air licence, issued by the Transport Commission, revoked.
Air Namibia said that FlyAfrica Namibia did not have the right to fly passengers between Windhoek and Johannesburg.
Windhoek-based lawyer Phillip Swanepoel appeared for the respondents.
Advocate Theo Frank SC (senior counsel) successful represented Air Namibia (applicant).
The legal costs in respect of Friday's urgent application will be determined at the end of the pending main application which will be heard during the course of next week.
This was done as per agreement reached between the lawyers representing the parties involved in the case.