SA pilots may sue for false arrest

Started by iolsa, May 14, 2013, 12:30 PM

iolsa

Cape Town - The 12 South African pilots who were detained in Namibia have returned home and are now considering suing that country’s government for unlawful arrest. The pilots were arrested at Ondangwa airport on May 4 for allegedly violating Namibian airspace and illegal entry into the country.

Ron Weissenberg, the group’s spokesman, said they landed in Upington on Thursday after the Oshakati Court had found they were detained illegally. The SA High Commission in Windhoek also assisted in their release. They now considered suing the Namibian government in an attempt to recover money lost during the ordeal.

 

Weissenberg said they would also report the incident to the UN Economic and Social Council – the body administering the International Civil Aviation Organisation and international aviation treaties.

Weissenberg said the Namibian authorities had infringed on international aviation treaties and conventions relating to the treatment of aircrew and aircraft within foreign territories – of which Namibia is a signatory. “The group believe the harsh and vindictive treatment experienced over several days was unwarranted. The group were denied due process, were unlawfully arrested and regarded as criminals.

“It was certain Namibian individuals, who not only over-reacted, but then escalated their malicious behaviour when it was ascertained they did not have a reasonable case,” Weissenberg said. “The allegation was that an overflight and landing document had not been processed by the Namibian Directorate of Civil Aviation. The group has documentation and proof to show that this process was followed,” he said.

The pilots and their eight passengers were on a flying trip through Botswana and Namibia, partly a holiday and partly to raise funds and awareness for the Cancer Association of South Africa. The group had applied for their flight documents through the Namibian Microlight Association, delegated by the Namibian CAA which deals with light aircraft. They had been given one document by the association and were told that was all they needed.

But when they landed, the Namibian military and police, who were waiting for them, told them they had entered the country illegally. The pilots were arrested, but not the passengers. The pilots paid a fine of R400 each and acquired the correct documentation.

Cape Times



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