Pretoria: The Minister of Transport, Barbara Creecy, has designated FlySafair’s request for ministerial exemption from complying with some provisions of the Air Service Licensing Act as premature.
According to South African Government News Agency, media reports indicate that FlySafair has allegedly breached South African laws and aviation licensing conditions concerning foreign ownership rules. The Minister communicated her decision to the airline’s CEO, Elmar Conradie, following the request contained in FlySafair’s application letter for ministerial exemption dated 9 January 2025.
The Minister sought legal advice from the legal section of the Department of Transport, which established that the last meeting between the Air Services Licensing Council and FlySafair was as recently as 14 January 2025. In the meeting, FlySafair 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 su
bmissions and presentations made and will make a decision on this matter in due course, the department stated.
Global Aviation Operations, which operates Lift Airlines and Airlink South Africa, has filed a complaint against FlySafair’s ownership structure. The Minister has further instructed the department to seek legal advice from senior counsel regarding the airline’s application for ministerial exemptions within the context of the ongoing processes.
It must be noted that it is not a foregone conclusion that the Council will simply cancel SAFAIR’s license. The Council has a legal requirement to notify FlySafair of its final decision. Section 25 of the Act also provides that any person who feels aggrieved by the refusal or decision of the Council may appeal the decision to the High Court. This means due processes should be followed and concluded. The Council should eventually pronounce on its final determination. FlySafair can then 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.