Air Namibia plane impounded

Air Namibia passengers were stranded in Zimbabwe on Friday after one of its leased aircrafts was impounded as a result of an on-going legal battle.

The national airline confirmed on Friday afternoon that one of its leased aircraft from Westair, V5-WEB, had been attached in Harare by the Zimbabwean sheriff of the court.

The legal action stems after a 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, while the respondent is Air Namibia (Pty) Limited.

According to the airline spokesperson, Paul Nakawa, by law, leased equipment is not subject to attachment.

“Air Namibia is busy engaging a lawyer in Zimbabwe to attend to the matter and advise the airline. Also, we are addressing the issue of attaching or not attaching leased equipment,” said Nakawa.

He added that the affected passengers were being taken care of and Air Namibia is being working on the matter to ensure that the aircraft is released to allow for the departure of the flight from Zimbabwe.

“We will keep you updated on further developments in the matter,” he added.

The aircraft was later released and the passengers flown to Namibia Saturday morning.

Namibian Sun previously reported that according to court papers, the family claimed to have been unlawfully detained by Air Namibia officials, before being deported back to Zimbabwe last year.

A court order was also previously issued in June this year authorising the impounding of Air Namibia's planes and the attachment of office equipment, 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.

Air Namibia however lodged an appeal against this court order.

The standoff between the family and airline began in February last year after they were denied access to travel to Europe. The family claimed that they were unlawfully detained by Air Namibia officials before being deported back to Zimbabwe.

The family claims that upon arrival at the Hosea Kutako International Airport in Windhoek on 15 February last year, they were advised by Air Namibia officials that they were not permitted to travel to Turkey because of their Zimbabwean nationality and furthermore, that this was done in racist manner.

“This communication was made in the most racist, arbitrary and extemporary fashion I have ever countenanced.”

However, Nakawa previously told Namibian Sun that the plaintiffs in the matter never followed through with the case until Air Namibia presented an application for dismissal of the case.

“We did not refuse the family to travel to Turkey, but rather to Frankfurt, after an 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.

He further stressed that Air Namibia does not fly to Turkey but to Germany. “We only complied with the instructions by the Germans.”

“Our staff complied with the laws of the state where we operate to. The terms and condition of carriage are clear, that the airline may refuse to transport any passenger which 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 suspect passengers that are not meeting immigration requirements to board as the airline could be given hefty fines.

ELLANIE SMIT