The High Court in Johannesburg dismissed CemAir’s urgent application for interim relief, with costs, on January 23.
The court’s decision paves the way for the South African Civil Aviation Authority (SACAA) to recommend to the Director of the Civil Aviation Authority that CemAir’s Air Operator Certificates (AOC) be revoked, SACAA said in a statement.
CemAir took the matter to court after SACAA suspended the airline’s AOCs over safety concerns. The suspension, which came into effect on January 11, effectively means that CemAir cannot operate as an airline without the requisite AOCs.
The airline expressed disappointment that the decision did not go its way, but Miles van der Molen, CEO of CemAir, said the airline would continue the appeals process. “In the longer term we are also looking at presenting this matter to the Public Protector, among other legal action, as we believe it is an abuse of power.”
He added that the airline was re-accommodating passengers where possible, and refunding them where it was not.