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.
Airlink vs SAX: air council responds
30 Oct 2019 - by Deena Robinson
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