Airlink announced the cancellation of flights to Nampula, Mozambique, on January 7 following a state court action for damages, which was accompanied by a court application to seize Airlink’s aircraft pending its outcome.
The claim was brought in the Nampula State Magistrates’ Court by two Mozambican passengers who were disembarked from an Airlink flight to Johannesburg for unruly and threatening behaviour.
“Because the safety and well-being of its passengers, crew and aircraft come before any other operational consideration, Airlink has a strict zero-tolerance policy for unruly behavior on board its aircraft. Any interference, threats or belligerent behavior towards our crew, or the crew’s main issue: ensuring the safety of passengers puts the lives of everyone on board at risk,” said Airlink CEO and MD. Roger Foster.
According to a statement from Airlink, the situation leading to the off-loading of passengers has been handled in accordance with the South African Civil Aviation Regulations and the relevant authorities have been informed.
The approval of the lawsuit was accompanied by a temporary court order to seize at least three Airlink planes in Mozambique pending a hearing scheduled for mid-January.The same day, Mozambican court officials tried to seize the Airlink plane at Nampula airport, but were unsuccessful.
The carrier has appointed legal counsel in Mozambique to defend its rights under Mozambican law and stay the court order on the basis that the seizure of any aircraft operated by Airlink would be illegal due to jurisdictional issues.
According to Airlink’s statement, Mozambican courts do not have jurisdiction to seize or impound foreign-registered aircraft as security for civil claims and, moreover, do not have jurisdiction to hear the claim because the incident took place in South Africa.
“Given the risk and potential of actual seizure of Airlink aircraft, we have suspended all operations to and from Nampula while the matter is resolved through legal and diplomatic channels. We recognize the detrimental effects this has on trade, tourism and as a practical matter.” , as well as between the affected markets for leisure, but no airline can be expected to continue to provide service under these conditions,” Foster told Impact affected passengers will be given a full refund or re-routed via Maputo, Beira or Vilanculos while Airlink continues to monitor the situation.
Airlink handles about 70% of scheduled commercial air traffic between South Africa and Mozambique.