Rédaction Africa Links 24 with Werner Menges
Published on 2024-03-19 17:00:00
The Windhoek High Court has ordered the Transportation Commission of Namibia to reconsider an application for the renewal of the licence allowing the airline, FlyNamibia, to operate. This decision was made by judge Esi Schimming-Chase and gives FlyNamibia Aviation the opportunity to have its application for the renewal of its scheduled air transportation service licence reviewed by the Transportation Commission once again.
The ruling issued by Schimming-Chase reviewed and set aside the commission’s initial refusal to renew the company’s licence. The application has been referred back to the commission to be reconsidered from scratch. FlyNamibia chief executive, Henri van Schalkwyk, explained in an affidavit that the company, formerly known as Westair Aviation, has had its scheduled air service licence renewed five times since it was first issued in March 1995. The current licence is set to expire on 28 March of this year.
Van Schalkwyk, in his affidavit, admitted that FlyNamibia missed the deadline to apply for the licence renewal by filing the application on 3 November last year instead of by 28 March. Despite this oversight, the commission did not point out any material shortcomings in the renewal application during a meeting on 20 February. In fact, FlyNamibia holds a valid air operator certificate (AOC) issued by the Namibia Civil Aviation Authority, indicating its ability to provide a safe and reliable service.
If FlyNamibia’s scheduled air service licence were to expire on 28 March, it would have a detrimental impact on the company and the Westair aviation group as a whole. The airline’s business would come to a halt, and its AOC would lapse, requiring a lengthy and complex process to obtain a new one. This would result in the company having to retrench its 87 employees.
FlyNamibia operates approximately 270 scheduled flights per month, contributing around N$175 million annually to the Namibian economy through payments to service providers. The airline plays a significant role in the transportation sector and the broader economy.
During the hearing of its urgent application against the chairperson of the Transportation Commission, FlyNamibia was represented by senior counsel Raymond Heathcote, assisted by Geoffrey Dicks. The commission’s chairperson did not oppose the court application, leading to the judge’s order to reconsider the licence renewal application.
In conclusion, the decision by the Windhoek High Court to give FlyNamibia a second chance to have its licence renewal application reconsidered by the Transportation Commission is a significant development for the airline. It highlights the importance of due process and the potential impact of regulatory decisions on businesses and employees in the aviation sector.
Read the original article on The Namibian
