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Court case preventing ‘Seychelles Airlines’ to ‘take off’, reveals SCAA chief |22 September 2014

When on June 21 last year Intershore Aviation Ltd announced its intention to create an airline that would connect Seychelles directly to a number of European cities, the news was received as a relief by the local tourism industry.

It was generally felt that with only the German company Condor assuring a weekly flight from the old continent, the new airline would greatly contribute in reviving the European tourism market as a result of the national carrier Air Seychelles pull-out more than two years ago. Even the two ministers mostly concerned by the development, Joël Morgan for Internal Affairs and Transport and Alain St Ange for Tourism and Culture, had at the time pledged full support for the new initiative.

Inter Shore Aviation Ltd had then announced that the new airline, which was yet to get a name, would start its operations in June this year. It was later revealed that it had been baptised as ‘Seychelles Airlines’. During a meeting of local tourism representatives and French tour operators last week, its managing director Ahmed Afif said ‘Seychelles Airlines’ was ready to start flying but was still waiting for necessary permission from the Seychelles government.

"We are already ready to fly. We are simply waiting for the permit from the government. As soon as we receive permission to start from the government of Seychelles, we will start,” Mr Afif had said.

The famous permit in question is the Air Operators’ Certificate (AOC) which is issued by the Seychelles Civil Aviation Authority (SCAA) once it is satisfied that the company is competent, having regard in particular to his previous conduct and experience, his equipment, organisation, staffing, maintenance and other arrangements to secure the safe operation of the aircraft of the types specified in the certificate on the flights of the description and for the purpose so specified. This requirement is as per the air navigation order or as per the relevant regulations in force.

Needless to say, Mr Afif’s declaration had like a bushfire sparkled speculations that the Seychelles government and civil aviation authorities were hindering any further developments. Comments had gone as far as suggesting that as chairman of the Air Seychelles board, Minister Morgan was caught in a conflict of interest.

However, in an interview with Seychelles Nation, the chief executive of the SCAA, Gilbert Faure revealed that the AOC has not been processed in view that the company has an ongoing court case initiated by the company itself.

The complete set of documents required for the AOC application was received by the SCAA on August 7, 2014.

Unconfirmed reports suggest that the word 'Seychelles' in a business name is reserved for government enterprises. While, it must be admitted that many people have expressed the belief that 'Seychelles' as part of the name would have brought much deserved publicity for the country.

"When I was informed of the legal action by the Registrar, I decided to seek legal advice from our lawyers and the Attorney General's Office. I was then advised to put the application on hold. So it is a technical matter which is not permitting us to process the application for the AOC at this point," Mr. Faure has said.

He has gone on to refute allegations that the government is acting maliciously against ‘Seychelles Airlines’:
"Since Intershore Aviation Ltd made known its intentions, we have given full help to the company. This includes offering guidance on AOC application and certification process, operational requirements, technical standards, helpful contact persons, feasibility study and elaboration of business plan and operations manual since June 2013,” said Mr Faure.

The feasibility study and business plan include the following aspects:
-    Availability of initial financial capital,
-    Route evaluation and traffic studies (demand forecast and frequencies),
-    Aircraft type evaluation (payload capacity and aircraft performance studies), and
-    Operating costs (lease, insurance, fuel, maintenance, labour, regulatory and air navigation fees, administration, marketing etc..).

Mr Faure noted that “the SCAA as a responsible aviation organisation is ready to help any airline which wants to operate in Seychelles and will issue it with necessary authorisation if it meets the necessary requirements.”
He has insisted that as a member of the lCAO (International Civil Aviation Organisation), the SCAA has to maintain continuous safety oversight to ensure that the highest possible aviation standards are maintained.

Mr Faure adds that the issue of the AOC is not sufficient in itself as this has to be followed with the application for an Air Transport Licence in accordance with the Air Transport (Licensing of Air Services) Regulations.

"We do not want to see a situation where an airline starts flying and is then grounded as it has happened to some regional airlines. The AOC is not the end of the process. We have to ensure that the company can provide viable air transport to its passengers by not only safely bringing them to their destination, but also by bringing them back to where they initially came from," he concluded.

The question which remains on many persons' lips is if the Registrar was right in not permitting the company from including the word 'Seychelles' in its name. Only the Supreme Court can decide. Will the aviation company wait for the verdict or will it be ready to choose a name acceptable to the Registrar? Only time will tell!

 

 

 

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