CemAir will remain grounded for the time being after the Johannesburg High Court dismissed its urgent court application, with costs, on January 23.
CemAir had taken the matter to court seeking interim relief from the judge, after the South African Civil Aviation Authority (SACAA) suspended the airline’s Part 121 and Part 135 Air Operator Certificates (AOCs) over safety concerns. “[The AOCs] will remain suspended until such that the airline has adequately addressed the safety concerns or findings uncovered by the SACAA during a recent renewal audit,” SACAA said in a statement.
The suspension, which came into effect on January 11, effectively means that CemAir cannot operate as an airline without the requisite AOCs.
“The court’s decision also paves the way for the SACAA audit team to demand the return of the Certificate of Airworthiness for the grounded aircraft as well as to proceed with their intention to recommend to the Director of the Civil Aviation Authority that CemAir’s AOCs be revoked,” the statement concluded.
“We are disappointed that the decision didn’t go our way, but we will continue the fight,” Miles van der Molen, ceo of CemAir, told eTNW. “In the near term we will continue with the appeals process. But in the longer term we are looking at presenting this matter to the Public Protector, among other legal remedies, as we believe it is an abuse of power.”
Miles added that the airline is re-accommodating passengers where possible, and are refunding where it is not.
