The Minister of Transport, Ms. Barbara Creecy has designated as pramature SAFAIR's request for Ministerial exemption from complying with some provisions of the Air Service Licensing Act.
The Minister has communicated her decision to the airlines's CEO, Mr Elmar Conradie. The request was contained in the SAFAIR application letter of Ministerial exemption dated the 9th of January 2025.
The Minister sought legal advice from the legal section of the Department, which established that the last meeting between the Council and SAFAIR was as recently as 14 January 2025. In the meeting, SAFAIR and the complainant, Global Aviation Operations (Pty) LTD, were given an opportunity to make oral representations for mitigation and aggravation. The Council is still considering all submissions and presentations made, and will make a decision on this matter in due course.
The Minister has further instructed the Department to seek legal advice from the senior counsel regarding the airline's application for Ministerial exemptions within the context of the processes that are currently unfolding.
It must, therefore, be noted that it is not a forgone conclusion that the Council will simply just cancel SAFAIR's license. The Council has a legal requirement to notify SAFAIR of its final decision. Section 25 of the Act also provides that any person who feels agrieved by the refusal or decision of the Council may appeal the decision to the High court.
This, therefore, means that due processes should be followed and concluded. The Council should eventually pronounce on its final determination. SAFAIR can thereafter exercise its right to appeal if it feels aggrieved by the final decision of the Council.
The legal advice from the senior counsel is expected in due course.
For media enquiries:
Collen Msibi
National Spokesperson
066 476 9015
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