Airlink Suspends Flights to Nampula After Legal Battle and Threat of Aircraft Seizure by Mozambican Court

by Hope Ngobeni

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Two Mozambican passengers have filed a lawsuit against South African airline Airlink, claiming damages after being removed from a flight in Johannesburg, leading to a suspension of the airline’s services to Nampula in Mozambique. The passengers’ alleged “unruly and threatening behaviour” prompted Airlink to offload them, along with their family members, who disembarked voluntarily. This confrontation has escalated into a legal dispute, with the airline facing an application in Mozambique to have its aircraft seized. Airlink, which operates about 70% of the commercial flights between South Africa and Mozambique, has responded by notifying the relevant authorities in both countries and suspending operations to Nampula until the issue is resolved.

In its statement, Airlink emphasized that the safety of its passengers, crew, and aircraft is paramount. The airline’s strict zero-tolerance policy for disruptive behaviour is central to its operational guidelines, particularly when passenger safety is at risk. According to Airlink, the two passengers’ actions were a direct threat to the safety protocols onboard, and no airline can continue to operate under such conditions. The suspension of flights to Nampula, which is a key hub in northern Mozambique, has significant economic ramifications, affecting both trade and tourism between the two countries. Airlink CEO Rodger Foster explained that while the airline understands the impact on businesses and leisure travel, maintaining safe and secure operations is non-negotiable.

The legal proceedings surrounding the claim have sparked a diplomatic dispute. A Mozambican court issued an interim order on December 28 to seize at least three Airlink aircraft, citing the dispute with the two passengers. Although the hearing for the matter is scheduled for mid-January 2025, Mozambique court officials attempted to seize one of the aircraft at Nampula Airport on the same day. Airlink has contested the court order, arguing that the Mozambique courts do not have jurisdiction over the airline’s operations, as the incident occurred in South Africa, and the aircraft are registered in South Africa. The airline also pointed out that it was not cited in the court order and had no opportunity to be heard before the decision was made.

This legal confrontation is further complicated by the provisions of the Bilateral Air Services Agreement (BASA) between South Africa and Mozambique. Airlink, as a designated carrier under this agreement, operates with the understanding that both countries’ authorities will intervene to prevent the unlawful seizure of its aircraft. The airline has alerted both South African and Mozambican authorities, including the Department of Transport, the South African Civil Aviation Authority (SACAA), and Mozambique’s Civil Aviation Institute (IACM), to ensure that its aircraft are protected and that the issue is addressed through legal and diplomatic channels. Airlink’s legal team in Mozambique is working to prevent the execution of the court order, citing that the seizure would be unlawful under international conventions to which both countries are signatories.

Meanwhile, the fallout from this incident extends beyond Airlink’s operations. The suspension of flights to Nampula may affect not only business and leisure travellers but also the broader economic and cultural ties between South Africa and Mozambique. Despite the suspension of services to Nampula, Airlink has made arrangements to reroute affected passengers via Maputo, Beira, or Vilanculos, minimizing the disruption for those travelling to and from Mozambique. According to Professor Irrshad Kaseeram from the University of Zululand, while the suspension of a single route may cause temporary inconvenience, the broader impact on trade and tourism will be limited. He also noted that with Airlink controlling the majority of flights between the two countries, the situation will likely be resolved through legal channels, given Mozambique’s dependence on South Africa for trade, skills, and tourism.

The case highlights the complex intersection of legal, diplomatic, and commercial interests, with implications for both countries’ aviation industries. Airlink’s position remains firm: while the airline respects legal processes, it cannot tolerate interference with its operations or the safety of its passengers. As the situation continues to unfold, the key question remains whether Mozambique’s authorities will step in to resolve the matter swiftly, given the significant ties between the two nations. With Airlink facing challenges on both legal and diplomatic fronts, the resolution of this dispute will likely set a precedent for future interactions between the countries’ aviation sectors.

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