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Airlink vs SAX: air council responds

30 Oct 2019 - by Deena Robinson
Comments | 0

THE Department of

Transport has responded

to objections by Airlink

that SA Express’s licence to fly

particular routes was approved

unfairly.

In TNW dated October 16,

it was reported that Airlink

was seeking an injunction

to prevent SAX from

implementing an amendment

to its licence that would see

the airline increase its flights

on three new routes. SAX

has received approval by the

International Air Services

Council (IASC) to add seven

new return flights between

Cape Town International

Airport and Gaborone in

Botswana, seven return

flights between OR Tambo

International Airport and

Bulawayo in Zimbabwe, and

three return flights to Luanda

in Angola.

Airlink lodged an objection

for the new routes, believing

it was made as a result of

an error of judgment due

to SAX not submitting its

audited financial statements

and therefore not being

able to prove its financial

fitness – a prerequisite of the

International Air Services Act,

md of Airlink, Rodger Foster,

said at the time.

When asked by TNW

why SAX was granted an

amendment to its licence,

Andries Ntjane, deputy

director: licensing and

permits at the Department of

Transport, said: “Annually all

air services licence operators

submit their financials, which

are confidential.”

Andries told TNW the

IASC approved international

routes to license air services

operators based on the

availability of routes and the

ability of an airline to conduct

a safe and reliable air service

as guided by the International

Air Services Act. It is for this

reason, Andries said, that SAX

was granted approval on the

new routes.

Referencing a speech made

by the Minister of Public

Enterprises earlier this year

where it was said that SAX

was not a going concern,

Andries said the Department

of Public Enterprises was

a shareholder in SAX and

“therefore has a duty to

recapitalise its own business”.

TNW received information

from an anonymous source,

raising concerns that former

ceo of SAX, Inati Ntshanga,

was a member of the IASC.

Andries confirmed this,

but says Inati has recused

himself from the applications

presented by SAX.

Meanwhile, Airlink has

proceeded with its court

application to challenge the

decision of the IASC, and

the founding affidavit has

been filed, says Rodger.

“The application is in two

parts. There is firstly an

injunction (alternatively a

stay) pending SAX complying

with the requirements of the

International Air Services Act,

and secondly there is a review

of the decision made by the

Council,” Rodger says.

At the time of going to

press, SAX announced it

would commence flights from

Johannesburg to Bulawayo,

effective November 18. The

airline will operate daily flights

from Monday to Saturday and

a double daily frequency on

Fridays.

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