South African airline Safair has filed a R21m damages claim against SAA Technical following a collision between one of its Boeing 737-800s and an Airbus A320 at OR Tambo International Airport on November 11, 2022. The incident involved the Airbus A320, which was being towed by SAA Technical employees, veering off course and colliding with the parked Safair aircraft. The collision resulted in physical damage to the Boeing, forcing it out of commercial service for repairs.
According to Safair's court documents, the incident occurred when the Airbus A320 allegedly broke free from the tug vehicle while being towed by SAA Technical employees. The employee operating the tug, Y Rocker, managed to move the tug out of the path of the Airbus after the shear pin broke, but the Airbus collided with the 737-800. Safair alleges that the employee in the cockpit of the Airbus, L Gumede, failed to take necessary precautions, including maintaining a proper lookout for nearby aircraft and remaining alert to the progress of the tow.
Safair's claim is based on the alleged negligence of SAA Technical employees, specifically Gumede, who owed a duty of care to Safair to avoid causing physical damage to nearby stationary aircraft while towing SAA aircraft during the course and scope of his employment. The airline alleges that Gumede failed to notice or respond to Rocker's attempts to attract his attention after the shear pin sheared off, and failed to maintain control of the A320 or apply its brakes. Safair is seeking R21.1m in damages, which it claims is the loss of profit resulting from the Boeing's absence from its fleet during the repair period.
The Boeing 737-800 had been scheduled to operate domestic flights between December 1 and December 22, 2022, but its unavailability forced Safair to cancel planned flights and corresponding reserved or intended airport slots. The airline estimates that the aircraft would have flown six sectors a day, with a capacity of 189 passengers per sector, resulting in a potential 24,948 seats across 132 sectors. Safair claims it would have sold an estimated 24,070 of those seats based on its actual average load factors for the period.
Safair is holding SAA Technical responsible for the alleged negligence of its employees and is asking the high court to order SAA Technical to pay the R21m damages claim, together with interest and legal costs. The airline has indicated that it remains open to resolving the dispute without a trial, filing a Rule 41A notice alongside the summons, which suggests that the matter could be settled through mediation.
This is not the first attempt at settlement between the parties, as earlier discussions failed to produce an agreement. SAA Technical will have an opportunity to respond to the allegations in its plea. The summons was lodged in the Johannesburg high court on September 2, 2022, and identifies Y Rocker and L Gumede as the employees involved in the incident.
The outcome of the case will depend on the court's assessment of the evidence and the extent of SAA Technical's liability for the damages claimed by Safair. If the case proceeds to trial, it will likely involve expert testimony and evidence from both parties. Alternatively, the parties may still reach a settlement through mediation, avoiding a lengthy and costly trial.
Key points
- Safair launches R21m damages claim against SAA Technical over aircraft collision at OR Tambo International Airport.
- The incident involved an Airbus A320 being towed by SAA Technical employees, which collided with a parked Boeing 737-800.
- Safair alleges negligence on the part of SAA Technical employees, specifically L Gumede, who was in the cockpit of the Airbus during the incident.
