FlySafair is allegedly suing SAA Technical, for R21.1 million following a 2022 aircraft collision at OR Tambo International Airport. SAA technical is the maintenance and repair subsidiary of South African Airways.
The incident occurred on November 11, 2022, when an unoccu South African Airways (SAA) Airbus A320, registered ZS-SZJ, was being moved towards a maintenance facility at the airport. According to court papers filed in the Johannesburg High Court, the tow bar on the tug being used to move the aircraft failed, causing the A320 to veer from its intended path and collide with a parked FlySafair Boeing 737-800, registered ZS-SJH, at gate C2.
The summons identifies Y. Rocker as the SAA Technical employee operating the tug, while L. Gumede was positioned in the A320’s cockpit to operate its brakes during the towing operation.
According to FlySafair’s version of events, Rocker was able to move the tug away from the aircraft after the shear pin failed and attempted to alert Gumede. The airline alleges that Gumede failed to notice or respond to the warning before the A320 collided with the parked 737-800.
The collision damaged both aircraft, with the SAA A320 sustaining wingtip damage while the FlySafair Boeing suffered damage to its tail and auxiliary power unit (APU).
Neither aircraft was carrying passengers or crew at the time.
The Financial Impact on FlySafair
The Boeing 737 was subsequently removed from commercial service while repairs were carried out, with FlySafair alleging that its unavailability between December 1 and December 22, 2022, affected its scheduled operations during the peak holiday period. The airline claims that 132 planned flight sectors were affected, contributing to the R21.1 million in damages it is seeking from SAA Technical.
FlySafair’s calculation is based on the aircraft’s 189-seat configuration and an estimated 24,070 passengers that the airline says it would have carried across the affected sectors.
What FlySafair alleges
The airline’s case goes beyond the mechanical failure that initiated the incident.
FlySafair alleges that Gumede failed to maintain a proper lookout, remain sufficiently alert to the progress of the tow and maintain communication with the employee operating the tug. It further alleges that he failed to apply the A320’s brakes in time to prevent the collision.
The allegations form the basis of FlySafair’s claim that SAA Technical should be held responsible for the losses incurred following the damage to its aircraft.
SAA Technical has not yet formally responded to the claim in court.
FlySafair has declined to comment on the proceedings, with Chief Marketing Officer Kirby Gordon stating that “the matter is before the courts.”
FlySafair has, however, indicated that it remains open to mediation. A Rule 41A notice was filed alongside the summons, with the airline stating that it believed the dispute could potentially be resolved without proceeding to trial. Previous settlement discussions between the parties reportedly failed to produce an agreement.
The matter will now proceed through the Johannesburg High Court, where SAA Technical will have an opportunity to respond to the allegations.