FlySafair Seeks Interdict Against South African Ownership Ruling
South Africa’s FlySafair has filed an urgent court application for an interdict against a ruling by the International Air Services Licensing Council (IASC) that claims the airline breaches foreign ownership limits. The council is set to announce sanctions by November 28, which could impact FlySafair’s international routes.
The IASC ruling currently only affects FlySafair’s international operations, as domestic flights are regulated separately. However, FlySafair faces an additional review by the domestic Air Services Licensing Council (ASLC), which oversees domestic air service licenses.
In response, FlySafair highlighted that competing airlines had raised objections to its interdict, potentially reflecting their own business interests. FlySafair urged consideration of the impact on travelers, warning that restrictions on its international services could drive up fares and disrupt travel, particularly during the busy holiday season.
FlySafair confirmed ongoing dialogue with authorities to limit negative effects on travelers and assured it has contingency plans if required. Committed to fair process and transparency, FlySafair stated, “We respect the council’s role and the structured input from competitors and are prepared to engage constructively to resolve this matter.”
South African civil aviation law mandates that domestic airlines maintain at least 75% local ownership, with substantial local control required for international operations. The IASC flagged FlySafair’s compliance, noting that Ireland-based ASL Aviation Holdings indirectly holds 74.86% control. Further sanctions and justifications are expected from the council by November 28.
The IASC’s investigation into FlySafair began in October 2022, following formal complaints from competitors Airlink and Global Aviation Operations earlier this year.
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Sources: AirGuide Business airguide.info, bing.com, ch-aviation.com