An announcement of regulatory sanctions against FlySafair (FA, Johannesburg O.R. Tambo) for allegedly contravening South Africa's foreign ownership restrictions has been delayed due to the matter being under judicial consideration. The decision had been expected by November 29, but the International Air Services Licensing Council (IASLC) withheld its announcement as the issue is sub judice.
According to a FlySafair spokesman, ongoing discussions between the airline and the council will likely provide more clarity on the situation after December 6. Last month, FlySafair filed for an urgent court interdict against the IASC's October 31 decision that Irish firm ASL Aviation Group effectively owns 74.86% of the low-cost airline. This would contravene the International Air Services Act, which requires a "substantial" local shareholding and "active" and "effective control" of international operations.
The inquiry into FlySafair began in October 2022 with Airlink (South Africa) (4Z, Johannesburg O.R. Tambo) and Global Aviation Operations (GE, Johannesburg O.R. Tambo) having lodged formal complaints.
The delay does not affect a similar but separate process before the domestic Air Services Licencing Council (ASLC), which is still in its early stages. "Matters at the IASLC don't have a bearing on the ASLC legislative mandate. We are still seized with the matter at the ASLC," a domestic council spokesman informed ch-aviation. The matter before the domestic council follows a similar complaint lodged by Lift Airlines operator Global Aviation on the basis that the Air Services Act requires domestic airlines to have a minimum 75% local shareholding.
