Minister of Transport Barbara Creecy has designated FlySafair’s request for ministerial exemption from complying with some provisions of the Air Service Licensing Act as premature.
Media reports indicate that FlySafair has allegedly breached South African laws and aviation licensing conditions in relation to the foreign ownership rules.
Creecy has communicated her decision to the airline's CEO, Elmar Conradie, following the request that was contained in FlySafair’s application letter for ministerial exemption dated January 9.
“The minister sought legal advice from the legal section of the Department of Transport, which established that the last meeting between the Air Services Licensing Council and FlySafair was as recent as January 14,” the department said in a statement.
“In the meeting, FlySafair and the complainant, Global Aviation Operations, were given an opportunity to make oral representations for mitigation and aggravation. The council is still considering all submissions and presentations made, and will make a decision on this matter in due course,” the department said.
Global Aviation Operations, which operates Lift Airlines, and Airlink South Africa, respectively, have filed a complaint against the airline’s ownership structure.
Creecy has instructed the department to seek legal advice from senior counsel regarding the airline's application for ministerial exemptions within the context of the processes currently unfolding.
“It must, therefore, be noted that it is not a forgone conclusion that the council will simply just cancel FlySafair’s licence. The council has a legal requirement to notify FlySafair of its final decision. Section 25 of the Act also provides that any person who feels aggrieved by the refusal or decision of the council may appeal the decision to the High Court,” the department said.
“This means that due processes should be followed and concluded. The council should eventually pronounce on its final determination. FlySafair can thereafter exercise its right to appeal if it feels aggrieved by the final decision.”
The department added that it expected to receive the legal advice in due course. –SAnews.gov.za
