Major South African carrier Airlink has announced the cancellation of flights to and from Nampula, Mozambique for today, 7 January 2025.
The decision to cancel operations follows a claim for damages instituted in a Mozambique Court by two Mozambican passengers for unruly and threatening behaviour.
The two individuals were offloaded from an Airlink flight in Johannesburg, South Africa on 7 December 2024.
The instituting of the claim was accompanied by a court application in Mozambique to have Airlink’s aircraft seized in the country pending the outcome of the claim.
“Given the threat and potential for the actual seizure of Airlink aircraft, we have suspended all operations to and from Nampula while the matter is dealt with through legal and diplomatic channels,” said Airlink CEO and Managing Director, Rodger Foster.
“We realise this has harmful consequences for trade, tourism, and both business and leisure travel between the affected markets, but no airline can be expected to continue providing a service under such conditions.”
Airlink appoints legal counsel
As per the airline, the incident in Johannesburg that led to the passengers’ offloading and the subsequent voluntary disembarkation of their family members was handled in accordance with civil aviation regulations.
As required by law, the incident was reported at the time to the relevant authorities, including the South African Civil Aviation Authority (SACAA).
Following the altercation, a Mozambique Court on an ex-party basis granted the applicants an interim order to seize at least three Airlink aircraft on 28 December 2024, with a hearing set down for mid-January 2025.
However, on the same day, Mozambique court officials attempted to seize an Airlink aircraft at Nampula Airport but were unsuccessful.
Airlink subsequently appointed legal counsel in Mozambique to establish its rights under Mozambican law to stop the Court Order’s execution.
This is on the basis that the seizure of any aircraft operated by Airlink would be unlawful for various reasons, including that:
- Airlink is not cited in the court order
- Mozambique Courts do not have jurisdiction to seize or arrest foreign registered aircraft as security for civil claims
- The seemingly dubious and nefarious circumstances in which the claim has been brought and the Court Order granted
- The court order was obtained without a statement of claim being served on Airlink or affording Airlink, as the defendant, the opportunity to be heard
- Mozambique’s courts do not have the jurisdiction to consider the claim as the incident occurred in South Africa and Airlink’s terms and conditions of carriage, which is a contract accepted by all customers as a pre-requisite for purchase, was concluded in South Africa and are governed by South African law.
As a designated South African carrier, Airlink provides an estimated 70% of scheduled commercial air travel between South Africa and Mozambique, with its services regulated by the Bilateral Air Services Agreement (BASA) between the two countries.
In terms of the BASA, both states’ respective authorities are bound to intervene to prevent any unlawful seizure of aircraft operated by Airlink, including any threats of seizure.
On this basis, Airlink has notified South Africa’s Department of Transport, the Department of International Relations & Cooperation, as well as the SACAA and its Mozambique counterpart authority, the IACM.
“Airlink will continue to monitor the situation,” concludes the airline.
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