Westair lawsuit abandoned
Settlement being negotiated
The N$12 million lawsuit over a fatal aircraft crash that killed five people near Cape Town International Airport on 16 August 2015 has been withdrawn in the Windhoek High Court and the parties are now negotiating a settlement pertaining to costs.
Elana Naudé, Rejancca Naudé, and Abraham Jacobus Espag had planned to sue Westair Aviation, the Namibian Directorate of Civil Aviation Authority (NDCAA), the works minister and the attorney-general for N$12 379 800.
The patient on the emergency air ambulance flight, Gabriel le Roux, and his daughter, Charmaine Koortzen from Oranjemund, Westair pilot Steven Naudé and co-pilot Amore Espag, as well as paramedic Alfred Ward, all died when the aircraft crashed close to Cape Town International Airport in South Africa.
Elana Naudé, former wife of the captain on the flight, sought payment of N$3 253 200 for loss of income and N$2 500 000 in damages, while the couple's daughter Rejancca asked for N$1 626 600, also for loss of income, and N$2 500 000 for damages. Abraham Jacobus Espag, the third plaintiff in the matter, is the father of the co-pilot and he sued N$2 500 000 for damages.
The South African Civil Aviation Authority conducted an extensive investigation into the accident and its causes and produced a first report under the heading; 'Aircraft Accident Report and Executive Summary'. The findings described the actions of Westair and the aircraft crew as reckless and negligent.
This, along with the lack of experience of co-pilot Amore Espag, severe extended flying hours of the captain, and the fact that they were not scheduled for the flight, placed the blame squarely on Westair and Namibia's aviation authorities, the plaintiffs said.
The background to the lawsuit is an emergency air ambulance flight which departed from Eros Airport on the night of 15 August 2015 to collect the patient in Oranjemund and transport him to Cape Town.
The captain in charge of the Cessna 441 was Steven Naudé and Amore Espag acted as the co-pilot. Both were employed by Westair. The paramedic on board was Alfred Ward.
Between 04:29 and 05:44 on 16 August 2015 and approximately eight nautical miles north of the Cape Town International Airport, the aircraft collided with terrain after it had been cleared to land at the airport. All five on board were killed.
The plaintiffs said the South African Civil Aviation Authority's investigation showed, “various damning findings about the negligence and/or recklessness of Westair and its lack of supervision, overseeing actions and lack of control over its employees.”
According to them there were further damning conclusions about the capacity and competence of the NDCAA. The issue of licensing, the experience of the co-pilot and various other alleged oversights are addressed in the South African probe, all of which are damning, to the Namibian aviation industry, according to the plaintiffs.
On Wednesday, Judge Hannelie Prinsloo postponed the matter to 21 February next year for a status hearing on the settlement negotiations on costs. Borris Erasmus appeared for the three plaintiffs while Shaun Ellis appeared for Westair and Heather Kaakunga, from the government attorneys, appeared for NDCAA, the works minister and the attorney-general.
Elana Naudé, Rejancca Naudé, and Abraham Jacobus Espag had planned to sue Westair Aviation, the Namibian Directorate of Civil Aviation Authority (NDCAA), the works minister and the attorney-general for N$12 379 800.
The patient on the emergency air ambulance flight, Gabriel le Roux, and his daughter, Charmaine Koortzen from Oranjemund, Westair pilot Steven Naudé and co-pilot Amore Espag, as well as paramedic Alfred Ward, all died when the aircraft crashed close to Cape Town International Airport in South Africa.
Elana Naudé, former wife of the captain on the flight, sought payment of N$3 253 200 for loss of income and N$2 500 000 in damages, while the couple's daughter Rejancca asked for N$1 626 600, also for loss of income, and N$2 500 000 for damages. Abraham Jacobus Espag, the third plaintiff in the matter, is the father of the co-pilot and he sued N$2 500 000 for damages.
The South African Civil Aviation Authority conducted an extensive investigation into the accident and its causes and produced a first report under the heading; 'Aircraft Accident Report and Executive Summary'. The findings described the actions of Westair and the aircraft crew as reckless and negligent.
This, along with the lack of experience of co-pilot Amore Espag, severe extended flying hours of the captain, and the fact that they were not scheduled for the flight, placed the blame squarely on Westair and Namibia's aviation authorities, the plaintiffs said.
The background to the lawsuit is an emergency air ambulance flight which departed from Eros Airport on the night of 15 August 2015 to collect the patient in Oranjemund and transport him to Cape Town.
The captain in charge of the Cessna 441 was Steven Naudé and Amore Espag acted as the co-pilot. Both were employed by Westair. The paramedic on board was Alfred Ward.
Between 04:29 and 05:44 on 16 August 2015 and approximately eight nautical miles north of the Cape Town International Airport, the aircraft collided with terrain after it had been cleared to land at the airport. All five on board were killed.
The plaintiffs said the South African Civil Aviation Authority's investigation showed, “various damning findings about the negligence and/or recklessness of Westair and its lack of supervision, overseeing actions and lack of control over its employees.”
According to them there were further damning conclusions about the capacity and competence of the NDCAA. The issue of licensing, the experience of the co-pilot and various other alleged oversights are addressed in the South African probe, all of which are damning, to the Namibian aviation industry, according to the plaintiffs.
On Wednesday, Judge Hannelie Prinsloo postponed the matter to 21 February next year for a status hearing on the settlement negotiations on costs. Borris Erasmus appeared for the three plaintiffs while Shaun Ellis appeared for Westair and Heather Kaakunga, from the government attorneys, appeared for NDCAA, the works minister and the attorney-general.
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