FlyNamibia Granted Opportunity for Licence Renewal Review by Court

The Windhoek High Court has directed the Transportation Commission of Namibia to reassess FlyNamibia’s application for the renewal of its scheduled air transport service licence. This judicial intervention comes in the wake of the airline’s legal challenge against the regulator and the transport minister for dismissing its late renewal submission.

Justice Esi Schimming-Chase’s ruling on March 18 offers FlyNamibia a renewed chance to have its licence renewal application considered anew, overturning the commission’s initial refusal. FlyNamibia’s CEO, Henri van Schalkwyk, in his affidavit, cited an accidental oversight as the reason for the eight-month delay in filing the renewal application, while asserting the airline’s capability to continue providing safe and reliable services under its existing Air Operator’s Certificate (AOC).

Van Schalkwyk also pointed out the critical impact that the licence expiry could have on the airline’s operations and its employees, noting FlyNamibia’s significant monthly flight operations and its contribution to the national economy.

The commission had previously declined the renewal on March 7, citing a lack of jurisdiction to entertain applications for condonation from compliance, except under specific conditions not met by FlyNamibia’s application.

However, Judge Schimming-Chase determined that the commission had misinterpreted the provisions of Namibia’s Air Services Act 51 of 1949, failing to exercise its legislative powers adequately. She clarified that the Act empowers the commission to decide on licence applications and renewals, including the authority to grant condonation for non-compliance under certain conditions.

The court’s decision underscores the commission’s oversight in handling FlyNamibia’s application and highlights the legal nuances of the Air Services Act, providing the airline with a crucial lifeline to continue its operations pending the commission’s reevaluation.

FlyNamibia’s Managing Director, André Compion, chose not to comment on the ongoing proceedings, emphasizing the sensitivity of the situation as the airline prepares to present its case before the commission once again. This court ruling represents a significant development for FlyNamibia, offering a pathway to remedy its licensing challenges and secure its operational future in Namibia’s aviation landscape.