On Tuesday, Airlink, a South African airline, halted all flights to and from Nampula, Mozambique, due to the threat of its aircraft being confiscated. The risk of aircraft seizure arises from a legal claim made by two Mozambican citizens, who are seeking damages from Airlink. On December 28, a Mozambican court issued an interim order allowing the seizure of three Airlink planes until the case is resolved, with a hearing set for the middle of this month.
The claimants were passengers on an Airlink flight on December 7 and were removed in Johannesburg due to allegedly threatening and unruly conduct. Their family members who were travelling with them also chose to disembark voluntarily. According to the airline, this action was taken in compliance with South African civil aviation regulations, and the relevant authorities were notified about the incident.
“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,” says Airlink CEO and MD Rodger Foster. “We realise 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. As the safety and well-being of its passengers, crew and aircraft come before any other operational consideration, Airlink has a strict zero-tolerance policy with regards to unruly behaviour onboard its aircraft,” Foster added. “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.”
The airline has engaged legal representation in Mozambique to defend its rights under Mozambican law and to prevent the court order, arguing that seizing any of its aircraft would be illegal.
The airline argues that Mozambican courts do not have authority over the incident, as it took place in South Africa under South African law, and highlights the "questionable circumstances" related to the claim and court order.
Passengers with reservations on the impacted flights can obtain a full refund or be rerouted through the carrier's other destinations in Mozambique, specifically Maputo, Beira, or Vilanculos.
This comes in the wake of the cancellation of some Airlink flights to Mozambique due to the unstable situation in the country towards the end of December. The unrest was sparked by a disagreement with the results of the general elections held on October 9.
