The Gauteng High Court has granted FlySafair an urgent interdict.
This has essentially removed the January 2026 deadline to fix its ownership structure.
The ruling gives the domestic airline more time to argue its case before facing any penalties.
FlySafair ownership ruling hits pause
The dispute stems from a finding by the Air Services Licensing Council (ASLC) that FlySafair’s ownership structure breaches South African law. The Air Services Licensing Act requires that South African residents hold at least 75 percent of a domestic airline’s voting rights.
FlySafair’s main shareholder, Ireland-based ASL Aviation Holdings, reportedly owns about 74.86 percent of the airline, nearly three times the legal foreign ownership limit.
The issue came to light after Airlink and Global Aviation (which operates LIFT) complained in 2022, arguing that FlySafair’s foreign ownership gave it an unfair advantage.
An investigation by the licensing council revealed that FlySafair had not amended its air service licence following a 2019 restructuring, which left a significant portion of shares controlled via foreign-linked trusts and holding companies.
The ASLC ordered FlySafair to correct its shareholding by January 2026 or risk losing its domestic licence. However, the airline said the council failed to clarify what changes would make it compliant.
According to Kirby Gordon, the airline’s chief marketing officer, repeated requests for meetings and guidance went unanswered. FlySafair then took the matter to court, arguing that the council’s interpretation of the rules, requiring ownership by individual citizens rather than companies or trusts, was unrealistic.
The High Court’s ruling means FlySafair can continue operating normally while its legal challenge proceeds. The case could also have wide implications for other South African airlines that use similar ownership structures.
