SAA, 4 others sued over US$600, 000 passenger safety fees

SOUTH African Airways and four other airlines operating in Zambia have been taken to court for failure to pay over US$600, 000 being the money owed to the Civil Aviation Authority (CAA) as passenger safety charges.

CAA separately sued the five airlines in the Lusaka High Court demanding US$634, 234.96 which is owed to it from 2016 to January this year.

The five are South African Airways Doc Limited trading as South African Airways (SAA), Proflight Commuter Services Limited trading as Proflight Zambia, Ethiopian

Airlines Enterprise trading as Ethiopian Airlines, Mahogany Air Limited trading as Mahogany Air and Kenya Airways Plc trading as Kenya Airline.

It is also claiming damages, interest, costs and any other reliefs the court may deem fit.

In each of the five claims, CAA stated that it was mandated by the law to collect passenger safety charge per air ticket sold at US$10 per passenger international ticket and US$5 per passenger domestic ticket sold pursuant to Statutory Instrument No 71, the Civil Aviation Authority (fees) Regulations, 2016.

It said that the passenger safety charge was from December 1, 2016 collected from the aircraft passengers by the defendants on behalf of it when the airlines sells passenger tickets and remit the money collected to the Civil Aviation.

The defendant stated that the total amount payable by the five Airlines to it for passenger safety charges was ascertainable from the number of passengers recorded in the Zambia National Airports passenger manifest for a given period.

CAA stated that SAA collected passenger safety charges amounting to US$179, 175.00

It stated that on January 11, 2021 it made a demand to SAA to remit the said money for passenger safety charge within 14 days from the date of demand.

It claims that SAA has failed and neglected to liquidate the whole amount of US$179 175.00 despite being repeatedly reminded to do so.

In the case of Proflight, the CAA said the airline collected US$47, 120.00 in safety charge.

It stated that Proflight has not remitted the money to it to-date despite that on January 11 this year, it made a demand to the airline to remit the money within 14 days from the date of demand.

The CAA claims Ethiopian Airlines owes US$75, 652.15 passenger safety charge from passengers but has not remitted the money to it.

And against Mahogany Air Limited, the CAA claims it owes US$265, 587.81 while Kenya Airline owes US$66, 700.

JUSTICE Minister Given Lubinda has told parliament that Government is committed to amend the Public Order Act.

Mr. Lubinda told the house in a ministerial statement that Government is anxious to reform the Act but that it requires adequate time.

He said that the Act will be revisited after the 2021 general elections, adding that the Patriotic Front is the first party to pronounce the amendment of the Public Order Act.

He said the process would have started if the elections were not near.

Mr. Lubinda explained that politically sensitive laws are best handled a long distance in time before general elections.

“The PF government was the first to pronounce the possibility of amending the Public Order Act, it was the desire to present an opportunity to amend the Public Order Act,” Mr Lubinda said.

“Government under the leadership of President Edgar Lungu is committed to reviewing the Act. If the elections were not near, the process would have started so the process will be initiated after the 2021 general elections this is a commitment by the PF government,” he said.

Mr Lubinda said it will be too late to start talking about the public order amendment bill which will affect the elections, adding that it would not be prudent to talk about it.

Mr. Lubinda noted that he anticipated that some political parties will still be recovering from the loss so they would want laws that would advantage them in the future.

And the minister has told parliament that the PF government is not working with any organisation or non governmental organisations.

He was responding to Katombola Member of Parliament Derrick Livune who wanted to know if the PF government was sponsoring the Young African Leaders Initiative to be commenting on government matters.

Mr. Lubinda stated that PF has a policy of not leaving anyone behind in its governance, that it listens to all organisations.

He said any organisation or individuals are at liberty to comment on matters that affect them.