The Air Service Licensing Council ruled that FlySafair's foreign ownership structure does not comply with current regulations.
One of South Africa’s largest airlines, FlySafair is facing undisclosed sanctions, which could be fines, suspension, or cancellation of its operation licence over it’s alleged non-compliance with ownership laws. It has, however, filed a court interdict to halt this.
The ruling only affects the airline’s international services and has no impact on its domestic flights, which are governed by a different licence.Under the International Air Services Act, because FlySafair is operating within South Africa’s airspace, it must be majority owned by South Africans. The legislation states that foreign entities’ ownership may not exceed 25% of the county’s airlines. ASL Aviation bought the majority stake in the airline in 2019.Airlink and Global Aviation, the operator of Lift, raised concerns about the FlySafair’s shareholding. The IASLC began looking into it four years ago.While the airline is awaiting to hear about sanctions from the IASLC, it filed for an urgent court interdict on Monday.
“Competitors have raised objections to FlySafair’s interdict. While their positions may reflect their business interests, we hope that all parties consider the potential impact on travellers and the broader aviation community.”that the Irish-based ASL Aviation acquired the Safair Investment Trust, an entity set up a decade ago to fix issues around control by ensuring that South African entities held ±75% of the airline. Today, ASL ostensibly owns 74.86% of FlySafair.
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