Madagascar former president flight diversion due last min airport closure
Hi
Maybe a bit of an unusual question here, related to the political turmoil that has been going on for 3 years in the Madagascar island. A recent development is aviation related and raises some regulatory/legal questions I would like to ask here. I apologise before hand for the length of the post but I believe a context description will allow a better understanding. Many thanks to those who will take time to read.
Here it is:
In feb 2009, the former elected president Marc Ravalomanana was ousted by a coup led by a young business man named Andry Rajoelina who has since been acting as the president of a transitional authority which was [still is] supposed to prepare elections with the help of international community. In the meantime, the ousted president was forced into exile to South Africa where he still stays.
Over the last three years, Madagascar's internal political situation has become complicated with on one side the transitional regime [led by the coup leader and supported by France] seeking international recognition, and on the other side the local opposition composed by 3 main political parties. One of them is that of ousted president, and it is enjoying broad support amongst the population. The way to elections is a difficult process that is being helped for and supervised by international community who issued a roadmap to that end. Given the still significant popularity of the ousted president, it was deemed necessary by the international community to include in the roadmap an article that allows him to go back to Madagascar. This point of the roadmap though is worded in such a way that various interpretations can be made regarding the conditions under which his come-back can take place. Then the transitional regime which is fiercely against the former president return would not allow him to come back whereas the opposition is strongly pushing for that to happen.
Then as a result of this situation, the former president unilaterally decided to fly back to Madagascar on the 21st of January using a commercial flight with South African Airlinks. Although this was a very security-sensitive flight, the company agreed to let him board as a normal passenger which he technically was. Other company simple customers were also on board the flight. Flight plan was normally filed for the JNB-TNR sector and departure authorised without a problem. Then approximately 20 min before ETA, Notams were issued by Malagasy authorities [instructed by the transitional authority president and worded as such] informing of all Madagascar's airfields simultaneous closure except one named Morondava [icao code: FMMV]. The authority purpose [subsequently admitted] was to have the flight to land in Morondava where the former president arrest could be organized far from Antananarivo [TNR] where a huge crowd supportive to him had gathered at the airport to greet him.
Allegedly, ATC [instructed by the transitional regime] suggested to the crew to land in Morondava which the crew elected not to comply with and flew straight back to south Africa. Fortunately they had anticipated the fuel quantity so this was possible [which potentially may not have been the case].
I am obviously not looking for political opinions here. My purpose is to seek information about the legal/regulation texts that may apply to that particular situation in order to identify any potential breach of international law by the notams authors [if there is a breach at all].
Some remarks to complete the picture:
1/ I have no knowledge of which alternate airfield[s] appeared in the filed FPL.
2/ None of the airports closures notams had been issued before the flight departed JNB.
3/ Morondava is not part of South African Airlink network. And the airfield has no published approach / departure charts. [Note: Air Madagascar flies there with their own plates published by the company for their own internal use].
4/ I understand that South African Airlinks is planning to officially file a complaint [according to its MD comments to the press]. I have no knowledge of the exact terms of that intended complaint.
I would be grateful if accurate legal / regulatory references were indicated where they may apply.
Many thanks 