South African Airways (SA, Johannesburg O.R. Tambo) has confirmed a default judgement in Zambia that resulted in an unsuccessful attempt at seizing one of its aircraft in Lusaka recently.
“SAA acknowledges the default judgement, but the matter is sub judice and further details cannot be disclosed,” spokesperson Vimla Maistry told ch-aviation.
Fin24 reported that a Zambian court in March 2020 had granted Zambian citizen Joseph Moyo an order of execution against SAA in compensation for trauma he had suffered during a flight between Livingstone, Zambia and Johannesburg O.R. Tambo, South Africa on August 3, 2019.
Moyo, who uses a wheelchair, claimed he had soiled himself because he could not use the bathroom on the flight. As a result of the incident, he had missed his connecting flight from Johannesburg to the United States the next day and had to pay for a hotel room in Johannesburg for three days. On his return trip from the US on August 26, 2019, SAA also had lost a bag containing a medical machine.
At the time when the default court order was granted, SAA was in business rescue, effectively suspending all legal proceedings against it, Fin24 reported.
On December 20, 2021, bailiffs using an extended writ of execution attempted to attach one of SAA's aircraft in Lusaka, but reportedly were prevented from doing so by the Zambia Airports Corporation (ZAC).
Moyo is claiming nearly USD20,000 in compensation: USD7,800 for psychiatric therapy; USD1,000 for hotel bills; USD3,000 for SAA's failure to provide a special chair for use of the onboard bathroom and for losing his medical equipment; USD3,000 for violation of his constitutional rights; USD2,040 for therapy due to the loss of the medical machine; USD3,000 for emotional stress; and USD88 for the inconvenience caused.
