South African airline Airlink has announced the immediate cancellation of all flights to and from the city of Nampula, saying that its aircraft are in danger of being unlawfully seized in Mozambique.
Two unnamed Mozambican passengers were removed from an Airlink flight in Johannesburg on 7 December, for “unruly and threatening behavior,” Airlink said. The passengers subsequently filed a claim for damages in Mozambique and secured a court order to seize at least three Airlink aircraft as security for their claim, Airlink said in a statement published yesterday.
Court officials attempted to seize a plane at Nampula airport on 28 December but were unsuccessful, according to Airlink. The airline insists the seizure of any of its aircraft would be unlawful.
In a letter to the African Civil Aviation Commission, Airlink said that it was not told about the legal claim against it before the court order was served. It added that Mozambican courts did not have jurisdiction to hear the claim, since the incident took place in South Africa and Airlink’s services are governed by South African law. The claim and the court order had taken place under “seemingly dubious and nefarious circumstances”, it added.
Airlink chief executive Rodger Foster said: “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.
“We realize 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.”
Foster also defended the airline’s handling of the 7 December incident, emphasising Airlink’s strict zero-tolerance policy on unruly behavior.
He said: “The safety and well-being of its passengers, crew, and aircraft come before any other operational consideration… Any interference, threats, or belligerence towards our crew, or disruption to the crew’s primary task of providing passenger safety, puts the lives of all onboard at risk.”
Airlink has alerted South Africa’s Department of Transport, the country’s foreign ministry, the South African Civil Aviation Authority, and Mozambique’s aviation authority, the IACM, about the dispute. The airline has called for intervention under the Bilateral Air Services Agreement between South Africa and Mozambique, which it believes requires both governments to prevent the unlawful seizure of aircraft.
Affected passengers on canceled Nampula flights would be offered full refunds or rerouted via Maputo, Beira, or Vilanculos, Airlink said.
