An aeroplane suspended in the air above the clouds. Two Mozambican passengers have launched a lawsuit against Airlink after being removed from a flight, prompting the airline to suspend services to Nampula. Picture: File
Two Mozambican passengers have filed a lawsuit against Airlink, claiming damages after being removed from a flight in Johannesburg, leading to the suspension of services to Nampula in Mozambique.
Airlink stated that the “unruly and threatening behaviour” of the two passengers in Johannesburg led to them being offloaded and their accompanying family members disembarking voluntarily.
The airline, which is regulated by the Bilateral Air Services Agreement (BASA) between South Africa and Mozambique, is a designated South African carrier, providing about 70% of scheduled commercial air travel between the two countries.
Airlink said the claim was accompanied by a court application in Mozambique to have its aircraft seized pending the outcome of the claim.
“In terms of the BASA, both states’ respective authorities are bound to intervene to prevent any unlawful seizure of aircraft operated by Airlink, including any threats of seizure. On this basis, Airlink has notified South Africa’s Department of Transport, the Department of International Relations & Cooperation, as well as the SACAA (South African Civil Aviation Authority) and its Mozambique counterpart authority, the IACM.”
Airlink CEO and managing director, Rodger Foster, said that given the threat and potential for the actual seizure of Airlink aircraft, a decision was made to suspend 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,” said Foster.
Foster said Airlink has a strict zero-tolerance policy regarding unruly behaviour on-board its aircraft, as the safety and well-being of its passengers, crew, and aircraft come before any other operational consideration.
“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 on-board at risk,” he said.
The airline said customers affected by the cancellation of flights to and from Nampula on Tuesday, January 7, 2025, will be given a full refund or re-routed via Maputo, Beira, or Vilanculos.
Airlink stated that the incident 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.”
The airline said that on December 28, a Mozambican court, on an ex parte basis, granted the applicants an interim order to seize at least three Airlink aircraft.
While the hearing was set down for mid-January 2025, Airlink said that on the same day, Mozambique court officials unsuccessfully attempted to seize an Airlink aircraft at Nampula Airport.
“Airlink has appointed legal counsel in Mozambique to establish its rights under Mozambican law to stop the court order’s execution.”
According to Airlink, the seizure of any aircraft operated by the airline would be unlawful for various reasons, including the fact that Mozambique courts do not have jurisdiction to seize or arrest foreign registered aircraft as security for civil claims based on commitments by the State of Mozambique to various international conventions.
Airlink said it was not cited in the court order and that the order was obtained without a statement of claim being served on Airlink or affording Airlink, as the defendant, the opportunity to be heard.
The airline added that Mozambique’s courts do not have the jurisdiction to consider the claim as the incident occurred in South Africa.
“Airlink’s terms and conditions of carriage, which is a contract accepted by all customers as a pre-requisite for purchase, was concluded in South Africa and is governed by South African law,” said the airline, adding that it believes that the claim has been brought and the court order granted under dubious and nefarious circumstances.
Meanwhile, in a separate incident, the Cape Argus reported that SABC employee Nobuntu Mkhize may face appearing before the Equality Court with the input of the South African Human Rights Commission (SAHRC) after she was filmed allegedly making racist remarks and physically attacking cabin crew on a FlySafair flight from Durban to Cape Town last month.
Following the incident, the SACAA stated that in terms of Section 135 of the Civil Aviation Act, unruly behaviour is a punishable offence that can lead to an imprisonment sentence of up to six months.
“Disobeying and interfering with orders from the cabin crew is in violation of civil aviation laws and carries a fine and jail sentence,” said SACAA spokesperson Sisa Majola.
Majola said cabin crew members are licensed as safety officers under the Civil Aviation Regulations. “Their primary duty is to ensure the safety protocols are always maintained as well as the comfort of passengers.”
Department of Transport spokesperson Collen Msibi confirmed that the department is aware of the matter and may have to engage with the Department of International Relations and Cooperation (DIRCO) in this regard.
Professor Irrshad Kaseeram, from the University of Zululand’s Economics Department, said while the flight between Johannesburg and Nampula has been suspended, Airlink’s legal counsel succeeded in pointing out the flaws in the court's seizure decision.
In addition, Kaseeram said Airlink indicated that they can reroute passengers to three other airports within Mozambique.
“There are six daily flights to Mozambique, which indicates significant trade and tourism relations. These relations will be minimally impacted due to only one destination being affected,” he said.
He said in the unlikely event that this matter further escalates in the legal spat between Airlink and the two passengers, the bigger loser will be Mozambique due to the heavy reliance on South African skills, resources, and tourism conduits.
“This will warrant the Mozambican authorities stepping in to swiftly resolve the matter due to their reliance on South Africa and commitment to adhere to various international conventions,” said Kaseeram.
Kaseeram also noted that while Airlink controls 70% of the flights to Mozambique, two other unaffected airlines also operate between the countries. “Hence, the costs would involve short-term delays and perhaps higher flight and shuttle costs if the destination is to and from Nampula.”
SACAA was approached for comment but did not respond by the time of publication.
karen.singh@inl..co.za
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