The South African Civil Aviation Authority (SACAA) has noted with concern the court order issued by the Judicial Court of the Province of Nampula in Mozambique in a lawsuit against Airlink.
Airlink resumed flights Thursday after flights to Nampula were suspended on Wednesday, following reassurances from South African and Mozambican official authorities that the airline’s aircraft will not be seized at the northern Mozambique airport.
This comes after a lawsuit was filed by two Mozambican passengers claiming damages after they were removed prior to departure from Johannesburg to Nampula on Tuesday for “unruly, belligerent and threatening” behaviour towards the cabin attendant. The claim was accompanied by a court application to have Airlink’s aircraft seized in Mozambique pending the outcome of the claim.
SACAA spokesperson Sisa Majola said the authority is not sure how a Mozambique court established jurisdiction as both the state of occurrence and state of operator was South Africa.
Majola said SACAA acknowledges that the matter is still subject to further court processes.
He said the court issued an interim order for compensation for moral damages and non-material damages and further ordered preventative seizure of ZS-TFL, or any other aircraft belonging to Airlink.
“This is a very unusual step and seems to be inconsistent with the spirit of the Chicago Convention from 1944 on International Civil Aviation and other International Civil Aviation Organization (ICAO) Conventions that seek to provide for a clear legal framework on how to handle unruly passengers and seizure of aircraft that conduct international air travel,” he said.
According to Majola, the issue of unruly passengers is a global challenge which South Africa does not take lightly.
As a signatory State to the Chicago Convention, which established the ICAO, South Africa complies with Standards and Recommended Practices set by this international body even on matters related to unruly behaviour on board an aircraft, he stated.
“To this extent, South Africa has a well-entrenched legal framework that guides how unruly passengers must be managed.
“The Convention on Offences and Certain Other Acts Committed on Board Aircraft, as well as the Montreal Protocol, 2014, are some of the international conventions that give guidance on who has jurisdiction and how unruly passengers must be managed,” said Majola.
SACAA noted that the preamble to the Chicago Convention, to which both South Africa and Mozambique are signatories, states that: "...Member States who are signatories to the Convention have agreed on certain principles and arrangements in order that international civil aviation may develop in a safe and orderly manner and that international air transport services may be established on the basis of equality of opportunity and operated soundly and economically."
Majola said the Mozambique ruling also makes reference to the Convention on International Interest in Mobile Equipment, and the provisions of this Convention seem to be the basis, amongst others, for granting the preventative seizure order.
He said the Convention is meant to facilitate the seizure of aircraft or equipment when the creditor has defaulted on repayments to the financial institution that financed the purchase of an aircraft or such equipment.
“The SACAA finds it odd and unusual that this Convention was quoted in the proceedings of this nature. We will allow for the court process to take its course, and we can only hope that Airlink will be treated fairly, in line with international legal instruments,” said Majola.
Majola added that in terms of the Convention for Suppression of Unlawful Seizure of Aircraft, contracting states are required to assist each other in criminal proceedings relating to unlawful seizure of aircraft and both South Africa and Mozambique are contracting states.