‘FlySafair’s primary focus is, and always has been, to operate within the bounds of the law while delivering exceptional service to our valued customers.’
The Air Services Licensing Council’s findings on one of the biggest airlines in South Africa, FlySafair shows non-compliance with the Council’s Act.
However, FlySafair’s Chief Marketing Officer, Kirby Gordon, told The Citizen there is no immediate threat to operations.
FlySafair operates most of South Africa’s domestic flights, with more than 5 000 flights a month, using 36 aircraft.
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FlySafair non-compliance
In a media statement, the airline said it received a letter from the Air Services Licensing Council (ASLC) dated, 19 December 2024, about the non-compliance with nationality provisions under the Domestic Air Services Licensing Council Act.
ASLC deals with domestic flights. The Act stipulates that “at least 75 per cent of the voting rights…are held by residents of the Republic”.
In response to the findings, the airline said they have “always maintained the firm belief that our structure and operations align with the required legal provisions. While these recent findings challenge our understanding, we remain steadfast in our commitment to compliance”.
FlySafair to engage with Council
Gordon added they take the matter seriously, and they will engage with the Council “constructively” on 14 January 2025 at the scheduled meeting.
At the meeting, FlySafair and the Council will address concerns and collaboratively look for solutions.
“FlySafair’s primary focus is, and always has been, to operate within the bounds of the law while delivering exceptional service to our valued customers.
“In this context, we are prepared to consider all reasonable options to ensure alignment with the Act’s requirements.”
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Operations to continue as normal
Gordon said until the matter is resolved, the airline will be operating as normal, and they will seek legal recourse, if necessary, to protect their ability to serve the South African public and economy.
“We are confident that through dialogue and cooperation, this issue can be resolved in a manner that ensures compliance while safeguarding the interests of all parties involved.”
Airline approaches court
The airline has previously said it will approach the court over the ruling by the International Air Services Council (IASC). This council deals with international flights and laws.
The Council ruled that the airline’s shareholding structure has contravened the International Air Services Act.
Under the Act, because FlySafair is operating within South Africa’s airspace, substantial voting rights must be held by SA residents.
However, it was found that the Irish-based ASL Aviation, directly and through subsidiaries, owns almost 75% of the Safair Investment Trust, the parent company of FlySafair.
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