Acting Managing Director, Adv. E Samson of Air Namibia said this week that Nomad Aviation/FlyAfrica never applied for the rights to fly passengers.
Samson said in a statement that the Windhoek Hosea Kutako International Airport to OR Tambo International Airport and the Windhoek to Cape Town International Airport routes by the low budget airliner will need proof of a license to fly passengers. FlyAfrica relied on a license issued to it on 25 November 2002. “Air Namibia disputed that the license produced by FlyAfrica actually grants it the right to fly passengers over these two routes.
Nomad Aviation then directed written request to the Transportation Commission of Namibia requesting it to indicate its views on whether the airliner had these rights or not. Nomad Aviation, through its attorney issued a letter to Air Namibia’s attorneys, of which a copy was also sent to the commision.
In the statement it is said on 4 August 2015 the Commission, after hearing representations from Air Namibia and Nomad Aviation found that FlyAfrica does not hold the right to fly passengers over the Windhoek to Johannesburg route.
Air Namibia is of the opinion that the Commission might not be correct in as far as the Windhoek to Cape Town and Johannesburg Lanseria routes were concerned. Air Namibia is also requesting the reasons for the Commission’s decision on the Windhoek to Cape Town to Johannesburg Lanseria routes which Air Namibia is still waiting on. FlyAfrica publicly stated that they will not comply with the decision by the Commission, which resulted in the airline commencing ticket sales and continuing with flights over the Windhoek to Johannesburg route on 2 September 2015
Air Namibia lodged a dual application in the High Court on 4 September, the first application was for an urgent order, prohibition FlyAfrica to continue its flights over the Windhoek to Johannesburg route in contradiction with the finding of the Commission until the second part of the application is dealt with and disposed of. The second part of the court application, which was not brought on an urgent basis, is for the High Court of Namibia to express itself on whether FlyAfrica holds any rights to fly passengers over any routes between Namibia and South Africa.