CemAir’s urgent court application to overturn the South African Civil Aviation Authority’s (SACAA) suspension and grounding notice has been dismissed, with costs.
“The ruling means that CemAir’s Part 121 and 135 Air Operator Certificates (AOCs) remain suspended until such time that the airline has adequately addressed the safety concerns or findings uncovered by the SACAA during a recent renewal audit,” said a SACAA spokesperson. This effectively means that, without the requisite AOCs, CemAir cannot operate as an airline.
“The tendency to pressurise our courts to hastily decide on matters of aviation safety and security is precarious and simply amounts to coercing the judiciary to uphold non-compliance by casting doubt on the decisions of regulators and specialised agencies such as the SACAA,” added the spokesperson.
Meanwhile, CEO of CemAir, Miles van der Molen, told FTW Online’s sister publication, eTNW that the company was “disappointed” that the decision hadn’t gone its way. “In the near term we will continue with the appeals process. But in the longer term we are looking at presenting this matter to the Public Protector, among other legal remedies, as we believe it is an abuse of power,” he was quoted as saying.