FlySafair Sues SAA Technical for R21.1 Million Over OR Tambo Aircraft Collision

FlySafair is seeking R21.1 million in damages from SAA Technical following a collision involving two aircraft at OR Tambo International Airport on 11 November 2022.

The incident occurred when an unoccupied South African Airways Airbus A320 was being towed towards a maintenance facility and struck a parked FlySafair Boeing 737-800.

The dispute is now before the Johannesburg High Court, where FlySafair is seeking compensation for losses it says resulted from the collision.

Initial Claim Included Aircraft Repairs and Lost Income

Transport Minister Barbara Creecy provided details of the dispute while responding to parliamentary questions from MK Party MP Adil Nchabeleng.

According to Creecy, FlySafair initially claimed R7.42 million for aircraft repairs and R53.7 million for loss of income, bringing the total to R61.12 million.

The airline subsequently approached the Johannesburg High Court with a damages claim of approximately R21.1 million against SAA Technical.

Towing Equipment Failure at Centre of Allegations

Court papers allege that a shear pin on the equipment used to tow the Airbus failed, causing the aircraft to veer away from its intended path.

According to FlySafair’s allegations, the employee operating the tug moved clear after the equipment failed and attempted to alert a colleague in the Airbus cockpit to apply the aircraft’s brakes.

The airline alleges that the warning was not acted on quickly enough to prevent the collision.

FlySafair further claims that the employee in the cockpit failed to maintain a proper lookout, remain sufficiently alert to the aircraft’s movement and respond appropriately to the tug operator’s warning.

These allegations form part of the airline’s case and have not been established as findings of the court.

Collision Damaged Both Aircraft

The incident caused damage to both aircraft, although neither was carrying passengers or crew at the time.

The South African Airways Airbus sustained damage to its wingtip, while the FlySafair Boeing suffered damage to its tail and auxiliary power unit.

FlySafair says the damage forced it to remove the Boeing 737-800 from commercial service while repairs were carried out.

Airline Claims Festive Season Flights Were Affected

According to the claim, the damaged Boeing was unavailable for commercial operations from 1 to 22 December 2022, a period that included the busy festive travel season.

FlySafair alleges that the aircraft’s absence affected 132 planned flight sectors and contributed to the losses for which it is seeking compensation.

The airline’s calculation reportedly takes into account the aircraft’s 189-seat configuration and an estimated 24,070 passengers it says it would have carried on the affected flights.

SAA Technical’s Response and Settlement Efforts

Reports published earlier in October indicated that SAA Technical had not yet formally responded to the claim.

FlySafair has declined to comment in detail while the matter remains before the courts.

The airline has also indicated that it remains open to mediation, although previous settlement discussions reportedly failed to reach an agreement.

The Johannesburg High Court proceedings will determine whether SAA Technical is liable for the losses claimed by FlySafair.