CemAir (5Z, Johannesburg O.R. Tambo) has secured a High Court order overturning an earlier South African Civil Aviation Authority (SACAA) suspension of its Part 121 and Part 135 Air Operator's Certificates (AOC).

SACAA had undertaken the move on the grounds that CemAir had failed to comply with local civil aviation regulations, including the lack of a permanent, SACAA-approved Responsible Person (Flight Operations) or RPFO, as well as the alleged operation of select aircraft outside of permissible loading (weight and balance) limits. It subsequently rejected the airline's Corrective Action Plan (CAP) leading to the suspension of its AOCs on Thursday, December 13.

In a statement, SACAA chalked the court ruling as a victory for regulatory oversight claiming CemAir had now been compelled to "finally comply with its operating certificates' conditions".

"Contrary to the announcement by the airline declaring a court victory; the SACAA is of the view that aviation safety is the true winner in this regard. This is because the court did not exonerate the airline from complying with its licence conditions. The parties reached a settlement, which was made an order of the court. The court granted an interim order pending final determination of an appeal to be lodged by CemAir to the Director of Civil Aviation. Suspension of CemAir's Part 121 and 135 Air Operating Certificates was temporarily lifted with conditions," it said.

SACAA said CemAir would have to develop a procedure for monitoring and accounting for undeclared hand luggage and submit it to the SACAA for approval on December 19. In addition, effective immediately, CemAir will have to comply with weight and balance requirements and has also been ordered to stop deducting kilogram allowances from passengers until a weight plan has been approved by SACAA.

As part of the finalization of its annual audit of CemAir, SACAA will also review and consider all compliance matters including the status of post-holders such as the Responsible Person: Flight Operations.

CemAir will tentatively resume commercial flight operations on Thursday, December 20.