Court Ruling Won’t Affect CemAir Operations, Says CEO

CemAir CEO Miles van der Molen has assured that a recent South African court ruling will not impact the airline’s operations. The Gauteng High Court in Johannesburg ordered CemAir to return equipment owned by Swissport South Africa by December 15. Van der Molen described the matter as an “ongoing commercial dispute” with no operational consequences.

The court directed CemAir to return various groundhandling equipment, including passenger buses, baggage wagons, and ground power units. If the airline fails to comply, the court sheriff is authorized to seize and deliver the equipment at CemAir’s expense.

Swissport had leased the equipment to CemAir under a month-to-month agreement that expired on April 30, 2023. Despite the lease termination, CemAir retained possession of the equipment, citing a tacit lease agreement. Swissport disputed this claim, alleging overdue lease payments and unresolved disputes over equipment condition.

Judge Leonie Windell dismissed CemAir’s defense of a tacit lease as “untenable and farfetched,” concluding that the airline had no legal right to retain the equipment. She also rejected claims of a pending purchase agreement, stating there was no substantial progress or certainty about such a deal.

Swissport initiated legal proceedings in July 2023 after multiple payment attempts and failed negotiations. The judge ruled in favor of Swissport, emphasizing the lack of legal grounds for CemAir’s retention of the equipment.

Despite the ruling, CemAir has maintained that its flight operations and customer services remain unaffected.

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Sources: AirGuide Business airguide.info, bing.com, ch-aviation.com