Port Elizabeth - The North Gauteng High Court has granted an interim interdict against FlySafair, which won’t be able to take to the skies, pending the outcome of the review of the decision by the Air Services Licensing Council.
“Unfortunately and contrary to our expectations, the court has granted the interdict sought by our competitors. This order effectively prohibits us from starting our operation until such time that the Air Services Licensing Council’s decision to grant Safair the scheduled license has been reviewed by the court,” says Dave Andrew, CEO of FlySafair.
This follows Comair/Skywise launching a joint application to the High Court for an interim interdict preventing FlySafair from starting its scheduled air service, until there was a review of the decision by the ASLA (Air Service Licensing Authority) to grant FlySafair a licence.
FlySafair went ahead with selling airline tickets towards the end of September, and the court has ordered Comair to accommodate FlySafair passengers by honouring their ticket prices & dates of travel as agreed to with FlySafair.
All passengers are also guaranteed a full refund for tickets purchased, should they wish to cancel instead of postpone their flights.
Amongst the allegations made, are that FlySafair doesn’t meet the requirements that 75% of the voting rights are held by residents of the Republic of South Africa. FlySafair is owned by Hugh Flynn (25%), Elmar Conradie (25%), Dave Andrew (25%) and Safair Operations (25%). Safair Operations in turn is owned by the Irish ASL Aviation Group.
In particular it is questioned whether the South Africans are South African enough to be classified as residents, and whether the class of shares owned by the “South Africans” are inferior to those owned ultimately by the Irish ASL Aviation Group (it’s alleged they don’t get paid any dividends, for instance).
- Fin24
* Rob Baker is co-owner of South Africa Travel Online. Follow him on twitter on @southafricaTO.
“Unfortunately and contrary to our expectations, the court has granted the interdict sought by our competitors. This order effectively prohibits us from starting our operation until such time that the Air Services Licensing Council’s decision to grant Safair the scheduled license has been reviewed by the court,” says Dave Andrew, CEO of FlySafair.
This follows Comair/Skywise launching a joint application to the High Court for an interim interdict preventing FlySafair from starting its scheduled air service, until there was a review of the decision by the ASLA (Air Service Licensing Authority) to grant FlySafair a licence.
FlySafair went ahead with selling airline tickets towards the end of September, and the court has ordered Comair to accommodate FlySafair passengers by honouring their ticket prices & dates of travel as agreed to with FlySafair.
All passengers are also guaranteed a full refund for tickets purchased, should they wish to cancel instead of postpone their flights.
Amongst the allegations made, are that FlySafair doesn’t meet the requirements that 75% of the voting rights are held by residents of the Republic of South Africa. FlySafair is owned by Hugh Flynn (25%), Elmar Conradie (25%), Dave Andrew (25%) and Safair Operations (25%). Safair Operations in turn is owned by the Irish ASL Aviation Group.
In particular it is questioned whether the South Africans are South African enough to be classified as residents, and whether the class of shares owned by the “South Africans” are inferior to those owned ultimately by the Irish ASL Aviation Group (it’s alleged they don’t get paid any dividends, for instance).
- Fin24
* Rob Baker is co-owner of South Africa Travel Online. Follow him on twitter on @southafricaTO.