Airlink (South Africa) (4Z, Johannesburg O.R. Tambo) cancelled flights to/from Nampula in Mozambique on January 7 to prevent a Mozambican court from seizing its aircraft following a damages claim brought by local passengers who were offloaded for unruly behaviour in December at Johannesburg O.R. Tambo airport.
This follows an unsuccessful attempt by Mozambican court officials to seize one of Airlink's E135s, ZS-TFL (msn 145368), at Nampula on December 28. The Nampula Provincial Court (Tribunal Judicial da Provincia de Nampula), on an ex-parte basis, had previously granted an interim order to seize at least three of Airlink's aircraft. A hearing is scheduled for mid-January 2025.
According to the airline, the aggrieved parties include two passengers who were offloaded from an Airlink flight in Johannesburg on December 7, "for unruly and threatening behaviour", as well as eight family members who disembarked voluntarily with them. The airline said in a statement: "The instituting of the claim was accompanied by a court application in Mozambique to have Airlink’s aircraft seized in Mozambique pending the outcome of the claim."
The court order, seen by ch-aviation, shows the applicants include several members of the Nampula-based Gulamo family which owns the RGS Group conglomerate in Mozambique.
"The incident in Johannesburg that led to the passengers’ offloading (and the voluntary disembarkation of their accompanying family members) was handled in accordance with South Africa’s civil aviation regulations. As required by law, the incident was reported at the time to the relevant authorities, including the South African Civil Aviation Authority. Airlink has appointed legal counsel in Mozambique to establish its rights under Mozambican law to stop the court order’s execution," the airline stated.
To prevent "unlawful seizure"
Airlink argues that Mozambican courts lack jurisdiction over foreign-registered aircraft and that the claim is invalid since the incident happened in South Africa. It has reported the incident to South Africa’s Department of Transport, the Department of International Relations and Cooperation, and the Mozambican civil aviation regulator (Instituto de Aviação Civil de Moçambique - IACM). "In terms of the bilateral air services agreement (BASA), both states’ respective authorities are bound to intervene to prevent any unlawful seizure of aircraft operated by Airlink, including any threats of seizure," the airline said.
"Given the threat and potential for the actual seizure of Airlink aircraft, we have suspended all operations to and from Nampula while the matter is dealt with through legal and diplomatic channels. We realise this has harmful consequences for trade, tourism, and both business and leisure travel between the affected markets, but no airline can be expected to continue providing a service under such conditions," commented Rodger Foster, the carrier's CEO and managing director.
"Similarly, as the safety and well-being of its passengers, crew, and aircraft come before any other operational consideration, Airlink has a strict zero-tolerance policy with regard to unruly behaviour onboard its aircraft. Any interference, threats or belligerence towards our crew, or disruption to the crew’s primary task of providing passenger safety, puts the lives of all onboard at risk," he added.
ch-aviation has reached out to the IACM for comment.
