Air Nam appeals Zim impounding
Air Namibia has lodged an appeal against a court order issued in Zimbabwe to impound its planes after a Zimbabwean family sued the airline for US$1 million.
Spokesperson for the airline Paul Nakawa yesterday confirmed to Namibian Sun that the airline will be challenging the court order, adding its staff complied with the country's laws to which they are subject.
Nakawa said the appeal has already been lodged which has the effect of staying the order of the High Court in Zimbabwe pending the hearing of the matter.
The legal action follows after the family filed a US$1 million lawsuit for inconvenience suffered after they were allegedly deported after being detained for two days by Air Namibia officials in Windhoek, while in transit to Turkey.
The applicants in the matter are Chenjerai, Fadzai, Rutendo and Tadiwanashe Mawumba, and Juliana Magombedze. The family claimed that they were unlawfully detained by Air Namibia officials, before being deported back to Zimbabwe last year. NewsDay reported that High Court Judge Justice Tawanda Chitapi issued a court order, authorising the impounding of Air Namibia's planes and the attachment of office equipment at Joina City in Harare, pending an application for damages by the Zimbabwean family. The order, dated 26 June, was granted after the family approached the court seeking an order to confirm and/or find the jurisdiction for the High Court of Zimbabwe in the family's US$1 million litigation against Air Namibia. The standoff between the family and Air Namibia started February last year after they were denied access to travel to Europe. Mawumba reportedly said that upon arrival at the Hosea Kutako International Airport in Windhoek on 15 February last year, his family was advised by Air Namibia officials that they were not permitted to travel to Turkey because of their Zimbabwean nationality, and said this was done in a racist manner. Nakawa told Namibian Sun that Air Namibia only became aware of the court order through the media.
“Upon inquiry with legal representatives the airline was informed that the pleadings filed by the airline had been removed from the court file.” According to him the plaintiffs in the matter never followed through with the case until Air Namibia presented an application for the dismissal.
“We did not refuse the family to travel to Turkey, but rather to Frankfurt, after the instruction obtained from the immigration officers. It's a matter of compliance.” Regarding the racial remarks, we distance ourselves from such distorting allegations,” Nakawa said with regards to the claims being made by the family.
He further stressed that Air Namibia does not fly to Turkey but to Germany. “We only complied with the instructions of the Germans.”
“Our staff complied with the laws of the state where we operate to. The terms and conditions of carriage are clear, that the airline may refuse to transport any passenger that does not meet the requirements of the country of destination.”
Nakawa further pointed out that it is within the ambit of Air Namibia as a national carrier to refuse passengers that do not meet immigration requirements to board as the airline could be given hefty fines.
According to him there are several reasons why Air Namibia could refuse right of carriage. This can include that such action is necessary to comply with any applicable government laws, regulations, or orders. It may be that the carriage of a passenger's baggage may endanger or affect the safety, health, or materially affect the comfort of other passengers or crew.
Another reason could be that a passenger's mental or physical state, including their impairment from alcohol or drugs, presents a hazard or risk or that the person have committed misconduct on a previous flight and there is reason to believe that such conduct may be repeated.
If a person refuses to submit to a security check they can be refused right of carriage, or if they have not paid the applicable fare, taxes, fees or charges.
A passenger can also be refused if it appears that they do not have valid travel documents, or may seek to enter a country through which the carrier may be in transit, amongst others.
ELLANIE SMIT
Spokesperson for the airline Paul Nakawa yesterday confirmed to Namibian Sun that the airline will be challenging the court order, adding its staff complied with the country's laws to which they are subject.
Nakawa said the appeal has already been lodged which has the effect of staying the order of the High Court in Zimbabwe pending the hearing of the matter.
The legal action follows after the family filed a US$1 million lawsuit for inconvenience suffered after they were allegedly deported after being detained for two days by Air Namibia officials in Windhoek, while in transit to Turkey.
The applicants in the matter are Chenjerai, Fadzai, Rutendo and Tadiwanashe Mawumba, and Juliana Magombedze. The family claimed that they were unlawfully detained by Air Namibia officials, before being deported back to Zimbabwe last year. NewsDay reported that High Court Judge Justice Tawanda Chitapi issued a court order, authorising the impounding of Air Namibia's planes and the attachment of office equipment at Joina City in Harare, pending an application for damages by the Zimbabwean family. The order, dated 26 June, was granted after the family approached the court seeking an order to confirm and/or find the jurisdiction for the High Court of Zimbabwe in the family's US$1 million litigation against Air Namibia. The standoff between the family and Air Namibia started February last year after they were denied access to travel to Europe. Mawumba reportedly said that upon arrival at the Hosea Kutako International Airport in Windhoek on 15 February last year, his family was advised by Air Namibia officials that they were not permitted to travel to Turkey because of their Zimbabwean nationality, and said this was done in a racist manner. Nakawa told Namibian Sun that Air Namibia only became aware of the court order through the media.
“Upon inquiry with legal representatives the airline was informed that the pleadings filed by the airline had been removed from the court file.” According to him the plaintiffs in the matter never followed through with the case until Air Namibia presented an application for the dismissal.
“We did not refuse the family to travel to Turkey, but rather to Frankfurt, after the instruction obtained from the immigration officers. It's a matter of compliance.” Regarding the racial remarks, we distance ourselves from such distorting allegations,” Nakawa said with regards to the claims being made by the family.
He further stressed that Air Namibia does not fly to Turkey but to Germany. “We only complied with the instructions of the Germans.”
“Our staff complied with the laws of the state where we operate to. The terms and conditions of carriage are clear, that the airline may refuse to transport any passenger that does not meet the requirements of the country of destination.”
Nakawa further pointed out that it is within the ambit of Air Namibia as a national carrier to refuse passengers that do not meet immigration requirements to board as the airline could be given hefty fines.
According to him there are several reasons why Air Namibia could refuse right of carriage. This can include that such action is necessary to comply with any applicable government laws, regulations, or orders. It may be that the carriage of a passenger's baggage may endanger or affect the safety, health, or materially affect the comfort of other passengers or crew.
Another reason could be that a passenger's mental or physical state, including their impairment from alcohol or drugs, presents a hazard or risk or that the person have committed misconduct on a previous flight and there is reason to believe that such conduct may be repeated.
If a person refuses to submit to a security check they can be refused right of carriage, or if they have not paid the applicable fare, taxes, fees or charges.
A passenger can also be refused if it appears that they do not have valid travel documents, or may seek to enter a country through which the carrier may be in transit, amongst others.
ELLANIE SMIT
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