Regional airline Airlink cancelled all flights to and from Nampula, Mozambique, on Tuesday after a legal battle sparked by two passengers removed from one of its flights in Johannesburg.
The passengers have made claims for damages and are now seeking to seize the airline’s aircraft in Mozambique until the case is resolved.
For compensation, the airline has assured affected passengers will be offered either a full refund or the option to be rerouted via alternative destinations such as Maputo, Beira or Vilanculos.
“Airlink will continue to monitor the situation. The incident in Joburg that led to the passengers’ offloading (and the voluntary disembarkation of their accompanying family members) was handled in accordance with SA’s civil aviation regulations,” the airline said in a statement.
“As required by law, the incident was reported at the time to the relevant authorities, including the SA Civil Aviation Authority (SACAA).”
Meanwhile, on December 28, a Mozambique court issued an interim order, on an ex-parte [one side only] basis, allowing the applicants to seize at least three Airlink aircraft. On the same day, however, attempts by Mozambique court officials to seize an Airlink aircraft at Nampula Airport were unsuccessful.
The airline has engaged legal counsel in Mozambique to challenge the court order, arguing that the seizure of its aircraft would be unlawful. Airlink contends that due to Mozambique’s international commitments, its courts lack jurisdiction to seize foreign-registered aircraft for civil claims and that Airlink is not mentioned in the court order.
“The court order was obtained without a statement of claim being served on Airlink or affording Airlink, as the defendant, the opportunity to be heard,” the airline said.
“Mozambique’s courts do not have the jurisdiction to consider the claim as the incident occurred in SA and Airlink’s terms and conditions of carriage, which is a contract accepted by all customers as a prerequisite for purchase, was concluded in SA and are governed by SA law,” it said.
As a designated SA carrier, Airlink operates about 70% of scheduled flights between SA and Mozambique, under the bilateral air services agreement.
The agreement mandates both countries’ authorities to prevent the unlawful seizure of Airlink aircraft. Airlink said it had informed SA’s department of transport, the department of international relations & co-operation, the SACAA, and Mozambique’s International Association for Conflict Management.
“Given the threat and potential for the actual seizure of Airlink aircraft, we have suspended all operations to and from Nampula while the matter is dealt with through legal and diplomatic channels,” said Airlink CEO and MD Rodger Foster.
“We realise this has harmful consequences for trade, tourism and both business and leisure travel between the affected markets, but no airline can be expected to continue providing a service under such conditions.”
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