Air Namibia ghost continues to haunt TransNamib
TransNamib is challenging the status of Challenge Air local agent Wilhelm Shali to act on behalf of the liquidated Belgian airline.
Challenge Air dragged Air Namibia to court for alleged non-payment of the lease for aircraft.
Following the local airline’s liquidation, the Belgian outfit has now set its sights on TransNamib - with a view to have it settle Air Namibia’s dues.
The now defunct local airline resorted under TransNamib when the aircraft lease was signed. TransNamib has, however, maintained that it cannot be held liable for decisions taken by Air Namibia management at the time.
‘Alleged authority’
Reacting to Challenge Air’s legal bid, TransNamib acting CEO Webster Gonzo said Shali was not authorised to act on the Belgian company’s legal suit by the company’s representative, Anicet Baum.
“I accordingly deny the alleged authority of [Shali]. On all and, indeed, on any of the aforesaid bases, the power of attorney should be disregarded and the opposition to this application stands to be dismissed on the back of a lack of authority. This is not a technical point. It is fundamental,” he said in an affidavit.
Gonzo also denied that TransNamib was aware that Challenge Air sought to recover its dues from the rail operator.
“As is set out - fully, in the founding papers - it was only after it received a letter from a legal practitioner purporting to act on Baum’s behalf on 13 October 2022, demanding payment from TransNamib in the amount of N$1 million in respect of an allocator, that TransNamib, for the first time, realised that Baum purported to enforce a cost order against TransNamib,” he said.
According to him, TransNamib had only realised it was being held to account for Air Namibia’s leasing costs when it studied Challenge Air’s founding papers.
Baum’s inability to serve Challenge Air’s bill of costs for more than three years was also brought into question.
“I also point out that the cost order herein was granted on 19 July 2016. The bill of costs was served by Baum more than three years later, on 28 September 2022. Baum fails to address what he tried to do in those almost four years,” Gonzo said.
Challenge Air dragged Air Namibia to court for alleged non-payment of the lease for aircraft.
Following the local airline’s liquidation, the Belgian outfit has now set its sights on TransNamib - with a view to have it settle Air Namibia’s dues.
The now defunct local airline resorted under TransNamib when the aircraft lease was signed. TransNamib has, however, maintained that it cannot be held liable for decisions taken by Air Namibia management at the time.
‘Alleged authority’
Reacting to Challenge Air’s legal bid, TransNamib acting CEO Webster Gonzo said Shali was not authorised to act on the Belgian company’s legal suit by the company’s representative, Anicet Baum.
“I accordingly deny the alleged authority of [Shali]. On all and, indeed, on any of the aforesaid bases, the power of attorney should be disregarded and the opposition to this application stands to be dismissed on the back of a lack of authority. This is not a technical point. It is fundamental,” he said in an affidavit.
Gonzo also denied that TransNamib was aware that Challenge Air sought to recover its dues from the rail operator.
“As is set out - fully, in the founding papers - it was only after it received a letter from a legal practitioner purporting to act on Baum’s behalf on 13 October 2022, demanding payment from TransNamib in the amount of N$1 million in respect of an allocator, that TransNamib, for the first time, realised that Baum purported to enforce a cost order against TransNamib,” he said.
According to him, TransNamib had only realised it was being held to account for Air Namibia’s leasing costs when it studied Challenge Air’s founding papers.
Baum’s inability to serve Challenge Air’s bill of costs for more than three years was also brought into question.
“I also point out that the cost order herein was granted on 19 July 2016. The bill of costs was served by Baum more than three years later, on 28 September 2022. Baum fails to address what he tried to do in those almost four years,” Gonzo said.
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