Unruly Passenger Incident Leads to Operational Suspension, Potential Aircraft Seizure in Mozambique

South Africa's regional airline, Airlink, has suspended its flights to Nampula, Mozambique, effective January 7, 2024, following a legal dispute initiated by two passengers who were removed from a flight for "unruly and threatening behavior."

According to the airline, the passengers' conduct during the flight posed a significant safety risk to the crew and other passengers, leading to their removal in compliance with South African civil aviation regulations.

The passengers who were offloaded from an Airlink flight on December 7, 2024 — as well as eight other family members who voluntarily disembarked with them — have filed a claim for damages in a Mozambican court.
 

Court Action Stemming from Unruly Behavior

The claim by the passengers has led to an interim court order from the Nampula Provincial Court (Tribunal Judicial da Província de Nampula) to seize three of Airlink’s aircraft, pending the outcome of the case. The applicants in the case are reported to be members of the Gulamo family, owners of Mozambique’s RGS Group, a well-known local conglomerate, reports CH-Avation. 

Airlink strongly opposes the court’s actions, labeling them as unlawful. “The safety and well-being of our passengers, crew, and aircraft come before any other operational consideration,” said Rodger Foster, Airlink CEO and managing director. “We have a strict zero-tolerance policy regarding unruly behavior onboard our aircraft. Any interference, threats, or belligerence toward our crew jeopardize the safety of everyone onboard.”

The statement from the airline comes as on December 28, Mozambican court officials attempted to enforce the seizure of one of Airlink’s Embraer 135 aircraft, ZS-TFL (MSN 145368), at Nampula Airport. The attempt was unsuccessful.

Airlink Stands Firm on Zero Tolerance

Airlink maintains that the actions taken against the unruly passengers were fully in line with South Africa’s aviation regulations. The airline argues that the Mozambican court lacks jurisdiction over the case, given that the incident occurred in South Africa and involved South African-registered aircraft.

Airlink has sought intervention from South Africa’s Department of Transport, the Department of International Relations and Cooperation, and Mozambique's aviation authority (Autoridade de Aviação Civil de Moçambique - IACM). The airline has also appointed legal counsel in Mozambique to challenge the court’s decision. “The seizure of any Airlink aircraft would be unlawful due to jurisdictional issues,” Foster emphasized.

As the sole airline operating direct flights between Johannesburg (JNB) and Nampula (APL), Airlink’s suspension of flights has disrupted travel and trade between the two cities. The airline operated three weekly flights on this route using Embraer RJ135 and RJ140 aircraft.

“Given the threat of aircraft seizure, we have suspended all operations to and from Nampula while the matter is resolved through legal and diplomatic channels,” Foster stated. “We regret the inconvenience caused but no airline can operate under such conditions.”

Airlink operates a fleet of 67 Embraer aircraft, including 27 ERJ135/140s, 28 E190s, and 6 E195s, making it the largest operator of Embraer aircraft in Africa. As a leading air transport provider in Southern Africa, Airlink serves over 45 destinations across 14 countries, including Angola, Botswana, Kenya, Mozambique, Zambia, and Zimbabwe, in addition to the South African domestic market.