This media statement is a response to media articles about Air Namibia and the Zimbabwean family who were denied boarding and subsequently sued Air Namibia.
1. The passengers, traveling as a family, received Visas from the Turkish consulate in Harare, Zimbabwe, to travel to Turkey via Frankfurt. Air Namibia received instructions from the German Immigration Officials in Pretoria not to allow the passengers onto the flight.
2. The family sued Air Namibia in the High Court of Zimbabwe after being denied boarding to Frankfurt. In their submission, the family requested that the Sherriff be directed to attach any of the airlines moveable property at its town office in Harare as well as to impound any of the airlines aircraft situated in Zimbabwe. This was done in order to confirm the jurisdiction of the court (this process is allowed when Zimbabwean nationals sue a foreign or peregrine company, the court may exercise a right to attach the assets so that any judgment it may pass in favour of the successful party can be enforced).
3. On 21 March 2018, Air Namibia’s lawyers filed a notice of opposition to the claim claiming as follows:
* the claimants did not meet satisfactory immigration requirements for them to proceed with their travel (note that the German immigration officials indicated they not be allowed, this in light of the fact that Air Namibia only travels to Frankfurt and not Turkey);
* the claimants did not indicate in specific detail the individuals they interacted with. It was indicated that airline officials work hand in hand with immigration officials;
* it was stated that their freedom of movement was not interfered with, the airline officials are not vested with the powers or jurisdiction to arrest anyone and that therefore once denied entry claimants were free to return to their country of origin;
* once refused entry, the airline had no mandate to cater for their welfare;
* the airline met the international standard norm of Airline’s and Immigration Authorities’ right to refuse passengers access to an aircraft in circumstances they suspect the passenger does not meet the requisite criteria since a ticket does not guarantee automatic passage;
* there was no breach of contract on the part of the airline;
4. After more than three months with the claimants not having filed any answering affidavits, Air Namibia lawyers, on 22 June 2018, filed an application to have their case dismissed, the family was served with the papers on 27 June 2018. They were supposed to respond to same within 10 days.
5. On 27 June 2018, the High Court, sitting in Chambers and without calling either of the parties, issued an order authorising the attachment of the airlines assets to found jurisdiction.
6. Air Namibia became aware of the court order through the media on 13 July 2018. Upon inquiry with legal representatives the airline was informed that the pleadings filed by the airline had been removed from the court file. The Plaintiffs in the matter never followed through with the case until they were presented with an application for dismissal of the case.
7. On 13 July 2018 Air Namibia lodged an appeal to the Supreme Court of Zimbabwe. The effect of the appeal is that, it automatically suspends the order to attach issued by the High Court until the appeal is determined. Therefore, Air Namibia continues to transport passengers and cargo to and from Zimbabwe. Our operation to Harare and Victoria Falls is being carried out uninterrupted as per our published flight schedule.
8. Air Namibia will also lodge an urgent application for the stay of Execution.
9. Finally, it is important to note that Air Namibia is one of the few African carriers flying into European space, and as such, the Namibian national airline always has to and will comply with all the stringent rules by the authorities.
10. We trust that Air Namibia can count on the continued support of its passengers and we continue to strive for the most professional and pleasant experience for our passengers.