Skywise is up in arms that FlySafair has been allowed to pip it to the post in launching domestic flights in SA, saying the process has been “unfair”.
Both new low cost carriers plan to launch flights between Johannesburg and Cape Town this year.
The founders’, including Rodney James and Glenn Orsmond (previously of 1time), in November 2012 revealed plans to begin operations by the first quarter of this year, but is still struggling to get off the ground. Besides being granted an Air Service License (ASL) in March, the airline is battling to obtain an Air Operator Certificate (AOC). It has yet to launch its website and open ticket sales. James, CEO of Skywise, said the process has been rigorous. “I don’t want to make any more predictions, but we’re close to being able to peg an AOC issue date, after which we can start committing to milestone dates.” James said Skywise has secured two B737-300 aircraft, which are already on the SA register.

Phindiwe Gwebu, SA’s Civil Aviation Authority Senior Manager of the Corporate Communications and Marketing Department, said Skywise is at Phase three of the five phase application process. Whether or not the airline will obtain its AOC before the end of the year depends on “how quickly it responds to or rectifies queries or difficulties raised at the document evaluation. This is followed by Phase four (Demonstration and Inspection) and then finally Certification (phase five),” she said.
Meanwhile, FlySafair has opened ticket sales for flights between Johannesburg and Cape Town, with the first flight scheduled for October 17. Bookings can be made through the airline’s new website.  
The process of launching scheduled domestic flights was less tedious as the holding company, Safair, already had an AOC. It only needed to amend its ASL to include scheduled operations. 
As a result of this, Skywise has joined Comair’s fight to try and block FlySafair from taking to the skies. The two airlines have applied for an interim interdict against Safair Operations and the Air Services Licensing Council (ASLC), pending a review of the decision by the ASLC to grant Safair a scheduled licence. The application was expected to be heard in the Pretoria High Court on October 1.
Comair and Skywise argue that the granting of Safair’s licence infringes the law that no licence may be granted for scheduled passenger services unless the applicant satisfies the ASLC that 75% of the shareholding in such entity is held by persons who are ordinarily resident in South Africa and that such persons must have active and effective control of the airline. 
Safair is 100% foreign-owned, which goes against South African legislation, James said. “South Africans need to be in full and effective control of the air service. This will set a precedent and open the flood gates to foreign-owned airlines. We have jumped through many hoops and complied with the legislation, so why would we sit back and allow this to unfold without taking action?” he said.

Dave Andrew, CEO of FlySafair, has responded, saying: “In our opinion Comair and Skywise have no merit for taking this matter to court as the legislation quite clearly allows them the option to petition the Council for a review, which they have chosen to ignore.” He added that FlySafair is busy preparing its defence for the court hearing.