Public backlash prompts FlyNamibia to withdraw objection
Ellanie Smit
WINDHOEKFlyNamibia has withdrawn its objection against the application of Fly Etosha due to the “vehement negative response from the public” to its approach.
Announcing the withdrawal late Wednesday afternoon, the airline said that their intentions were never to pass judgement on the applicant nor to pre-empt any outcome, but purely to provide comment on the limitations of the application as it was gazetted.
On 14 February, FlyNamibia together with its affiliate WestAir Aviation, submitted documents to the Transportation Commission of Namibia.
It outlined the airline’s objections to the application for granting of a scheduled air transport service licence filed by captain William Aupapa Ekandjo for a proposed airline to be called Fly Etosha.
Ekandjo is a retired pilot who worked for decades at the former national airline, Air Namibia.
The new airline’s application to provide air transport services was published in the Government Gazette on 23 January.
FlyNamibia listed reasons such as a lack of resources, aircraft maintenance facilities, ground-handling facilities, insurance coverage, and personnel in its objection.
Standard procedure
The company said Ekandjo failed to provide the commission with sufficient proof that he will be able to render a safe, satisfactory, and reliable air service in respect of continuity, frequency, punctuality, reasonable charges, and general efficiency.
On Wednesday, FlyNamibia explained that it is practice in the aviation industry, as with most regulated industries in Namibia, for a proposed undertaking, such as the launch of a new airline, to be gazetted, thus allowing for public comment or objection.
“For the management of FlyNamibia, such an objection was deemed standard operating procedure, and we ourselves have endured many objections to our own applications in the past,” said Andre Compion, managing director of FlyNamibia.
He said Namibian law allows for stakeholders to make objections to applications as part of the governance process to ensure that the general public will receive a safe and reliable air service that complies with the requirements as stated in the Act.
“Having deemed our objection ‘business as usual’ within the aviation industry, we were surprised by the vehement negative response from the public and have reflected on our approach,” he said.Compion added: “Moreover, we have taken into consideration the public sentiment towards our objection and are cognisant of the fact that the Namibian public are key stakeholders in our company.”
The airline said that the FlyNamibia board has made the decision to reconsider its approach and to withdraw its objection to the Fly Etosha application, allowing the application to be duly and objectively evaluated by the Transportation Commission on its own merits.
“When consumer sentiments do not align with decisions within our company, we accept our responsibility to take a pragmatic approach, reflect and reassess,” said Compion.
Trademark
Meanwhile, there have also been recent reports in which Ekandjo claims that FlyNamibia has been holding back the launch of his airline since August 2022, when FlyNamibia’s lawyer wrote to him requesting him to change the name Fly Namibia Airways, which he registered with the Business and Intellectual Property Authority (Bipa) in 2021.
Ekandjo changed the name to Fly Etosha in 2022.
However, FlyNamibia said they registered and received the trade name “Fly Namibia Aviation” as a defensive name with Bipa on 23 July 2020.
“Also, in July 2020, we commenced the process to register the trademark FlyNamibia. This trademark was officially registered on 6 July 2021, with the entitlement date being the date of the initial application, being 16 July 2020.”
According to the company, FlyNamibia launched the brand in November 2021 and subsequently changed the company name thereto after receiving the requisite approvals from relevant governing bodies.
“In October 2022, through his attorneys, Ekandjo alleged that we had infringed on his company name. We subsequently responded with the above-detailed information and supporting documents detailing that we had in fact obtained the trademark and rights to the name more than 12 months prior to his registration.”
WINDHOEKFlyNamibia has withdrawn its objection against the application of Fly Etosha due to the “vehement negative response from the public” to its approach.
Announcing the withdrawal late Wednesday afternoon, the airline said that their intentions were never to pass judgement on the applicant nor to pre-empt any outcome, but purely to provide comment on the limitations of the application as it was gazetted.
On 14 February, FlyNamibia together with its affiliate WestAir Aviation, submitted documents to the Transportation Commission of Namibia.
It outlined the airline’s objections to the application for granting of a scheduled air transport service licence filed by captain William Aupapa Ekandjo for a proposed airline to be called Fly Etosha.
Ekandjo is a retired pilot who worked for decades at the former national airline, Air Namibia.
The new airline’s application to provide air transport services was published in the Government Gazette on 23 January.
FlyNamibia listed reasons such as a lack of resources, aircraft maintenance facilities, ground-handling facilities, insurance coverage, and personnel in its objection.
Standard procedure
The company said Ekandjo failed to provide the commission with sufficient proof that he will be able to render a safe, satisfactory, and reliable air service in respect of continuity, frequency, punctuality, reasonable charges, and general efficiency.
On Wednesday, FlyNamibia explained that it is practice in the aviation industry, as with most regulated industries in Namibia, for a proposed undertaking, such as the launch of a new airline, to be gazetted, thus allowing for public comment or objection.
“For the management of FlyNamibia, such an objection was deemed standard operating procedure, and we ourselves have endured many objections to our own applications in the past,” said Andre Compion, managing director of FlyNamibia.
He said Namibian law allows for stakeholders to make objections to applications as part of the governance process to ensure that the general public will receive a safe and reliable air service that complies with the requirements as stated in the Act.
“Having deemed our objection ‘business as usual’ within the aviation industry, we were surprised by the vehement negative response from the public and have reflected on our approach,” he said.Compion added: “Moreover, we have taken into consideration the public sentiment towards our objection and are cognisant of the fact that the Namibian public are key stakeholders in our company.”
The airline said that the FlyNamibia board has made the decision to reconsider its approach and to withdraw its objection to the Fly Etosha application, allowing the application to be duly and objectively evaluated by the Transportation Commission on its own merits.
“When consumer sentiments do not align with decisions within our company, we accept our responsibility to take a pragmatic approach, reflect and reassess,” said Compion.
Trademark
Meanwhile, there have also been recent reports in which Ekandjo claims that FlyNamibia has been holding back the launch of his airline since August 2022, when FlyNamibia’s lawyer wrote to him requesting him to change the name Fly Namibia Airways, which he registered with the Business and Intellectual Property Authority (Bipa) in 2021.
Ekandjo changed the name to Fly Etosha in 2022.
However, FlyNamibia said they registered and received the trade name “Fly Namibia Aviation” as a defensive name with Bipa on 23 July 2020.
“Also, in July 2020, we commenced the process to register the trademark FlyNamibia. This trademark was officially registered on 6 July 2021, with the entitlement date being the date of the initial application, being 16 July 2020.”
According to the company, FlyNamibia launched the brand in November 2021 and subsequently changed the company name thereto after receiving the requisite approvals from relevant governing bodies.
“In October 2022, through his attorneys, Ekandjo alleged that we had infringed on his company name. We subsequently responded with the above-detailed information and supporting documents detailing that we had in fact obtained the trademark and rights to the name more than 12 months prior to his registration.”
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