FlySafair (FA, Johannesburg O.R. Tambo) has filed an urgent court application for an interdict against a recent finding by South Africa's International Air Services Licensing Council that it is in contravention of the county's foreign ownership restrictions. The council is to announce sanctions by November 28 that could affect the airline's international routes.
The recent decision pertains only to FlySafair's international routes and does not affect domestic flights, which are regulated under a different licence. However, another challenge is pending before the domestic Air Services Licencing Council (ASLC), which regulates the licensing of domestic air services.
In a statement, FlySafair disclosed that competitors have raised objections to its interdict, acknowledging that these positions may reflect business interests. It urged all parties to consider the potential impact on travellers should FlySafair not be allowed to operate its international routes, warning that limiting this could lead to higher fares and disrupt travel plans, especially with increased demand during the upcoming summer holiday period.
At the same time, FlySafair said it was engaging with the relevant authorities to mitigate any negative impact on travellers and has backup plans if needed. The airline also expressed its commitment to transparency and operational integrity.
"We respect the role of the council and the structures allowing competitor input and are fully prepared to engage in a fair process to find resolution. We appreciate constructive engagement from all parties and emphasise the importance of an outcome that serves the best interests of travellers and the South African public," it said.
South Africa's civil aviation legislation mandates that domestic airlines have at least a 75% local shareholding. "Substantial" local shareholding and "active" control are mandatory for international operations.
On October 31, the IASC accused FlySAfair of contravening the International Air Services Licensing Act, noting that Ireland-based ASL Aviation Holdings indirectly controls 74.86% of the airline. The council has stated that it will provide further details on potential sanctions and justifications by November 28.
The IASC's ongoing investigation into FlySafair began in October 2022, followed by formal complaints filed by competitors Airlink (South Africa) (4Z, Johannesburg O.R. Tambo) and Global Aviation Operations (GE, Johannesburg O.R. Tambo) in early 2024.
