Comair and Skywise have issued court papers against Safair Operations and the Air Services Licensing Council (ASLC) in an effort to prevent low-cost subsidiary of Safair, FlySafair, from launching its scheduled air service in South Africa.
The two airlines have applied for an interim interdict against Safair, pending a review of the decision by the ASLC to grant Safair a scheduled licence. The application is expected to be heard in the Pretoria High Court on October 1.
Comair and Skywise are arguing that the granting of Safair’s licence infringes the law that no licence may be granted for scheduled passenger services unless the applicant satisfies the ASLC that 75% of the shareholding in such entity is held by persons who are ordinarily resident in South Africa and that such persons must have active and effective control of the airline.
CEO of Skywise, Rodney James, said because Safair is owned by an Irish company, the air service licence should not have been granted. “This will set an interesting precedent and allow foreign-owned carriers to take on the domestic market,” he said.
Dave Andrew, CEO from FlySafair, said: “In our opinion Comair and Skywise have no merit for taking this matter to court as the legislation quite clearly allows them the option to petition the Council for a review, which they have chosen to ignore.”
He adds that FlySafair is busy preparing its defence for the court hearing.
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