High Court reserves ruling in FlyNamibia Aviation’s license renewal dispute

Niël Terblanché

Judge Esie Schimming-Chase in the High Court of Namibia has postponed the decision regarding the dispute between FlyNamibia Aviation, the Transportation Commission of Namibia, and the Minister of Works and Transport.

The judge postponed the matter for the delivery of her findings later today.

FlyNamibia sought urgent judicial intervention to address the Transportation Commission’s refusal to renew its Scheduled Air Transport Service License, a decision made on 7 March 2024.

The airline’s application, heard on 15 March 2024, challenges the Commission’s decision, arguing for the urgency of the matter due to the significant impact on its operations and the broader implications for Namibia’s aviation sector.

Judge Schimming-Chase’s order stresses that Advocate Raymond Heathcote represented the applicant and that the respondents were not represented during the urgent application hearing.

Represented by Advocate Raymond Heathcote, FlyNamibia has made a two-part application to the High Court.

The first part seeks temporary relief, allowing the airline to continue operations under its existing license pending a final decision. It requests the suspension of the Commission’s decision and for the court to consider the late filing for license renewal.

The second part of the application challenges the Commission’s refusal to renew the license, potentially setting a significant precedent for the aviation industry in Namibia.

The court’s decision later today is highly anticipated, not only by the parties involved but also by stakeholders within the aviation and tourism industry, and government regulatory bodies.

An affidavit supporting FlyNamibia’s application, provided by Gys Joubert, the Chief Executive Officer of the Gondwana Collection, Namibia’s premier private tourism company, outlines the critical arguments and evidences the urgency and significance of the matter.

In his affidavit, Joubert states that the decision of the Transportation Commission will have far-reaching consequences for the tourism industry of Namibia.

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