FlySafair's Request for Ministerial Exemption Declared Premature Amid Legal Proceedings

The Department highlighted that the Council is mandated by law to notify FlySafair of any final decision regarding its licensing status.

The Minister of Transport, Barbara Creecy, has rejected FlySafair's application for ministerial exemption from certain provisions of the Air Service Licensing Act, deeming the request premature. This follows allegations that FlySafair may have breached South African laws and aviation licensing conditions, particularly concerning foreign ownership rules.

FlySafair’s exemption request, submitted on January 9, 2025, came under scrutiny amid ongoing investigations. The Minister communicated her decision to FlySafair CEO Elmar Conradie, emphasizing that the legal and procedural mechanisms are still unfolding.

Ongoing Council Proceedings

The Department of Transport revealed that the Air Services Licensing Council held a meeting with FlySafair and the complainant, Global Aviation Operations (Pty) Ltd, on January 14, 2025. During the meeting, both parties presented oral submissions addressing mitigation and aggravation factors related to the complaint.

"The Council is carefully considering all submissions and presentations and has not yet reached a decision," the Department stated on Thursday.

Global Aviation Operations, which owns Lift Airlines, and Airlink South Africa lodged complaints regarding FlySafair’s ownership structure, alleging non-compliance with the regulations governing foreign ownership of South African airlines.

Legal Review and Ministerial Directives

Minister Creecy has instructed the Department of Transport to obtain legal advice from senior counsel to assess FlySafair’s exemption request within the broader context of the ongoing deliberations.

The Department highlighted that the Council is mandated by law to notify FlySafair of any final decision regarding its licensing status.

“It is not a foregone conclusion that the Council will cancel FlySafair's license,” the Department clarified. “Section 25 of the Air Service Licensing Act stipulates that any aggrieved party may appeal the Council's decision to the High Court.”

The Department emphasized that due process must be followed. FlySafair retains the right to appeal should the Council’s decision prove unfavorable. The senior counsel’s legal advice is expected to inform the next steps in this matter.

Broader Implications for South African Aviation

This development highlights tensions in South Africa's aviation sector, where regulatory compliance and foreign ownership rules are under increasing scrutiny. Industry observers note that the outcome of the FlySafair case could set a precedent for how such issues are handled in the future.

Stakeholders await the Council's final determination, which could significantly impact FlySafair’s operations and the competitive dynamics within South Africa's aviation industry.