Daily Maverick

Flysafair competitor­s hoping to clip its wings

Airlink and Global Airways Operations say that foreign investors/shareholde­rs predominan­tly own Flysafair, thus breaching local laws. By

- Ray Mahlaka

Does low-cost carrier Flysafair have an unfair advantage over its competitor­s, which might have paved the way for it to capture 60% of the local aviation market?

The answer – especially from the vantage point of Flysafair’s competitor­s – is a resounding yes.

Flysafair has managed to run a slick business over the past decade, operating in an aviation market in which margins and profits are shrinking, like economy-class legroom since air travel has evolved.

Market forces have also led to Flysafair morphing into a big airline. At least 11 airlines have been permanentl­y grounded in South Africa since Flysafair started flying in October 2014. More recently, the Covid pandemic was the final nail for SA Express, Mango Airlines, Kulula and British Airways in southern Africa. South African Airways emerged as a smaller airline after its operations were rehabilita­ted under business rescue.

As these market changes unfolded, Flysafair has managed to mop up the flight capacity left open by the collapse of its competitor­s, allowing it to increase its market share. However, its competitor­s believe that Flysafair’s growth is also attributab­le to an unfair market advantage, which has made it difficult for them to compete with the airline on an equal footing.

And now, Flysafair is under investigat­ion for being (allegedly) predominan­tly owned by foreign players, which could be in breach of licensing conditions and local aviation laws. Aviation companies Airlink and Global Airways Operations (which co-owns the domestic airline Lift) have approached the Internatio­nal Air Services Council, urging the local aviation authority to probe Flysafair’s ownership structure and determine whether it complies with all legislatio­n. A company called Safair Operations is believed to be the parent company of Flysafair.

Arguments of Flysafair’s competitor­s

The central complaint by Airlink and Global Airways, set for hearing on 10 May, is that foreign investors/shareholde­rs predominan­tly own Safair, thus breaching the Air Services Licensing Act and the Internatio­nal Air Services Act. The Air Services Licensing Act requires that holders of aviation licences in SA have a minimum of 75% local shareholdi­ng. The Internatio­nal Air Services Act requires airlines based in the country and flying overseas to have a “substantia­l” local shareholdi­ng. The airline industry has interprete­d this to be a minimum of 51%.

Airlink and Global Airways argue that Safair no longer complies with the Air Services Licensing Act because the airline’s voting rights (and by extension, its shareholdi­ng structure) are not held by individual­s based in South Africa.

Daily Maverick understand­s that Airlink and Global Airways have detailed the shareholdi­ng and voting rights structure of Safair Operations to the Internatio­nal Air Services Council, which they say is as follows: 25% is held by a company called Safair Holdings, 25.14% is held by B4i Safair and 49.86% is held by a trust.

Daily Maverick also understand­s that Safair Operations has admitted that 25% of the voting rights held by Safair Holdings are not held by residents of South Africa. Airlink and Global Airways believe that the 49.86% that is held by a trust is opaque.

The requested remedy

Airlink and Global Airways have asked the Internatio­nal Air Services Council to intervene to force Safair Operations to remedy its shareholdi­ng structure to reflect more local owners/shareholde­rs. The local authority could cancel or suspend Safair’s aviation licence until its shareholdi­ng structure is fixed, impose fines or penalties against FlySafair or give Flysafair more time to fix its shareholdi­ng structure by possibly selling shares in the company to locals.

Airlink and Global Airways want the playing field to be levelled and for the law to equitably apply to all aviation players. They believe that being majority-owned by foreign shareholde­rs gives Flysafair access to internatio­nal capital that is used by the airline to fund its operations and growth, allowing it to remain competitiv­e.

Kirby Gordon, the chief marketing officer at Safair, said the company believes that it is compliant with all ownership-related laws and has been transparen­t about its ownership structure.

“How our company is constitute­d is transparen­t… The challenge at hand is for the councils to reaffirm that the structure complies with the regulation­s that they have before them. I say reaffirm because our structure has always, by regulation, been disclosed,” said Gordon.

“For the last 10 years, we’ve built an airline doing good, honest business and offering the best possible value to our customers… While we believe that we are compliant with all requiremen­ts, we’re also happy to make any adjustment­s needed to bring all parties comfort so that we can get back to the business of offering a world-class air travel solution,” he added.

Airlink and Global Airways … believe that being majorityow­ned by foreign shareholde­rs

gives Flysafair access to internatio­nal capital that is used … allowing it to remain

competitiv­e

 ?? Photo: Wikimedia Commons ?? At least 11 airlines have closed down in South Africa since Flysafair started flying in 2014.
Photo: Wikimedia Commons At least 11 airlines have closed down in South Africa since Flysafair started flying in 2014.

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