16 June 2010, 01:00 p.m.

The Aircraft Owners and Pilots Association (AOPA) has served court papers on South Africa's aviation authorities and the Minister of Safety and Security after authorities had made the no-fly zones over World Cup Stadiums up to ten times bigger than previously agreed. 

No consultation

FIFA wanted a no-fly zone over stadiums for security reasons. In 2009 Deputy National Police Commissioner, André Pruis instructed Commissioner for Civil Aviation, Colin Jordaan, to impose flight restrictions on general aviation within 50 nautical miles around soccer stadiums. AOPA said they were not consulted in the matter and Jordaan refused to provide reasons for his doing so stating that he had no choice in the matter as they had to fulfill their promise to FIFA. 

Flight ban have no effect

AOPA’s legal team has argued that the flight ban did not comply with current legislation and is therefore of no effect. AOPA also has a problem with the rule that any flights within the no-fly zone must be authorized within 24 hours before take off. AOPA Chairman, Dr. Kosie Marais said even though the restriction only applies on match days it could have dire consequences. 

Critical flights might be delayed

“These include operations dealing with medical and security emergencies as well as support operations for equipment and installations which are of an essential nature. As one AOPA member involved in stolen vehicle recoveries stated, it is essential that their helicopter reach a tracked hijacked vehicle as soon as possible, since the hijackers usually abandon the vehicle as soon as the helicopter arrives and generally refrain from harming their hostages. Without such prompt support, it is likely that more crime victims will die or suffer injury. Obviously, waiting 24 hours (or even 3 hours) for SAAF authorization is ridiculously impractical,” Marais said in an AOPA statement. He also pointed out that most flying schools had to shut down operations during the Soccer World Cup. 

Risk of terror-air attack very small

AOPA said further that history shows that the threat of a terrorist attack on an event like the Soccer World Cup by general aircraft was miniscule. “That said, however, AOPA is well aware that in the very unlikely event of such an attack, the impact upon GA, not just nationally, but worldwide would be enormous,” Marais added in a statement. “AOPA has therefore come to the conclusion that the present restrictions would be of little use in preventing an attack and the restrictions have more to do with the desire of the SAPS and SAAF to grandstand to the detriment of general aviation,” he said. 

Only told last Thursday

Marais said in the run up to the event, the flying community had conducted exercises with the police and had reached agreements on flying restrictions of a 5 nautical mile no-fly zone near the stadiums where matches are being held. Last Thursday, however, a day before the event started, they were informed this had been increased to 30 and 50 nautical miles, depending on the stadium. A ban on all training flights within those restrictions had also been imposed.

Marais said that this severely restricted small operators and incurred losses for a number of trainee pilots due to start a R65 000 each course at Lanseria airport. "The regulations are draconian in nature and that is why we are opposed to them," he said.

The restrictions only apply to match days, but, said Marais, the 50 nautical mile restriction is equivalent to an area of 96km around a stadium.

 

Court on Friday

They would be serving papers on Tuesday and hope to have the matter heard in the North Gauteng High Court in Pretoria on Friday. According to a statement from the police announcing the restrictions, the SA Air Force (SAAF) would control airspace around the stadiums.