Bohlokoa Aviation, trading as Mohahlaula Airlines (Maseru International), is suing the Lesotho government for LSL10 million maloti (USD536,817) in damages for the loss of diamond mine business claiming the kingdom's civil aviation regulator illegally issued air permits to foreign operators to transport diamonds from Lesotho mines to South Africa.
The civil summons issued on March 28, 2023, in the High Court of Lesotho (Commercial Division) against the Attorney General of Lesotho is based on the kingdom's Mines and Minerals Act of 2005, which states that Lesotho mineral rights holders must give preference to Lesotho citizens for contracting services, employment, products and equipment.
The Mosotho airline also points out that the bilateral air service agreement between Lesotho and South Africa does not cover the transport by plane of diamonds, while aerial survey work is reserved for Lesotho airlines under the agreement.
The foreign operators are not named, but the mines involved are Lets'eng Diamond Mine owned by London Stock Exchange-listed Gem Diamonds; Storm Mountain Diamonds owned by Namakwa Diamonds; Mothae Diamond Mine owned by Lucapa Diamond Company; and Liqhobong Diamond Mine owned by Firestone Diamonds.
In 2017, Mohahlaula Airlines identified a business opportunity with the diamond mines. It raised the necessary investment and operating capital, secured aircraft, flight crews and staff, equipment, insurance, permits and licenses, all at a considerable cost. It offered its services for diamond transport and serial survey work to the mines in March 2020, which did not respond for 18 months.
In January 2022, Mohahlaula Airlines filed a complaint with the Department of Civil Aviation in Lesotho that the mines were not using its services and that the regulator was issuing temporary aircraft flight permits to foreign operators who were neither registered nor paying taxes in Lesotho. A meeting was held on January 31, 2022, with all stakeholders, including the Ministry of Mines and Couriers, but to no avail.
By March 2023, Mohahlaula Airlines claimed LSL10 million in lost business, based on what it quoted for the service and the cost incurred by the mines for the number of flights contracted to foreign operators. It said these damages are increasing monthly (every time a foreign operator was issued a flight permit). A notice of statutory demand was served on the government, which was ignored. The carrier said it was presently not suing the mines but is starting with the government through its Department of Civil Aviation for granting the permits to the foreign operators selected by the mines.
Mohahlaula Airlines was founded on February 24, 2020, as a charter carrier after receiving an Air Operator Certificate (AOC) from the Lesotho Department of Civil Aviation.
In August 2022, Mohahlaula Airlines revealed plans for scheduled services between Lesotho and South Africa using three E145s, but these plans have stalled due to a "hostile" regulatory environment, said Phafane Nkotsi, founder and Group Managing Director of Bohlokoa Enterprises.
Mohahlaula Airlines has one Cessna (single turboprop) Grand Caravan 208B and one Beech (twin turboprop) King Air 200 on its AOC. It has deregistered one leased Fokker 50.
