South Africa's Air Services Licensing Council (ASLC) has granted FlySafair (FA, Johannesburg O.R. Tambo) 12 months to comply with nationality regulations, meaning there is no immediate threat to its operations and its flights will continue without disruption, the airline announced on February 4.
"At this stage, we are pleased that there is no threat to operations and that we can turn our full attention to our customers," commented Kirby Gordon, chief marketing officer at FlySafair. "Customers can continue booking and flying with confidence, knowing that FlySafair remains fully operational while we address this matter."
The airline is currently evaluating all options based on the ruling, which could include shareholder changes or challenging the ruling through legal channels. "We will do everything in our power to ensure compliance in these 12 months," Gordon said.
In December, the council, which regulates domestic licensees, determined that FlySafair did not meet the requirement that 75% of an airline’s voting rights be held by natural persons who are citizens and residents of South Africa.
"In its latest communication, the ASLC has given FlySafair 12 months to align with this interpretation and will require monthly progress reports. However, the council has not provided specific guidance on what compliance should look like beyond its original ruling," FlySafair said in a statement.
The ASLC’s decision stems from a complaint lodged by Lift Airlines operator Global Aviation Operations (GE, Johannesburg O.R. Tambo) concerning FlySafair’s compliance with the nationality provisions of the domestic Air Services Licensing Act.
No mention was made of a parallel issue currently being considered by South Africa's International Air Services Licencing Council, which oversees the allocation of international licenses.
