THE Department of Transport has responded to objections by Airlink that SA Express’s licence to fly particular routes was approved unfairly.

In TNW dated October 16, it was reported that Airlink was seeking an injunction to prevent SAX from implementing an amendment to its licence that would see the airline increase its flights on three new routes. SAX has received approval by the International Air Services Council (IASC) to add seven new return flights between Cape Town International Airport and Gaborone in Botswana, seven return flights between OR Tambo International Airport and Bulawayo in Zimbabwe, and three return flights to Luanda in Angola.

Airlink lodged an objection for the new routes, believing it was made as a result of an error of judgment due to SAX not submitting its audited financial statements and therefore not being able to prove its financial fitness – a prerequisite of the International Air Services Act, md of Airlink, Rodger Foster, said at the time.

When asked by TNW why SAX was granted an amendment to its licence, Andries Ntjane, deputy director: licensing and permits at the Department of Transport, said: “Annually all air services licence operators submit their financials, which are confidential.”

Ntjane told TNW the IASC approved international routes to license air services operators based on the availability of routes and the ability of an airline to conduct a safe and reliable air service as guided by the International Air Services Act. It is for this reason, Ntjane said, that SAX was granted approval on the new routes.

Referencing a speech made by the Minister of Public Enterprises earlier this year where it was said that SAX was not a going concern, Ntjane said The Department of Public Enterprises was a shareholder in SAX and “therefore has a duty to recapitalise its own business”.

TNW received information from an anonymous source, raising concerns that former ceo of SAX, Inati Ntshanga, was a member of the IASC. Ntjane confirmed this, but says Inati has recused himself from the applications presented by SAX.

Meanwhile, Airlink has proceeded with its court application to challenge the decision of the IASC, and the founding affidavit has been filed, says Foster. “The application is in two parts. There is firstly an injunction (alternatively a stay) pending SAX complying with the requirements of the International Air Services Act, and secondly there is a review of the decision made by the Council,” Foster says.

At the time of going to press, SAX announced it would commence flights from Johannesburg to Bulawayo, effective November 18. The airline will operate daily flights from Monday to Saturday and a double daily frequency on Fridays.