Bowmans offers a comprehensive aviation-related legal service to role players within the African aviation sector.

In 2024, the International Air Transport Association (IATA) reported that Africa’s aviation market, having exceeded 2% of the global share, was poised to lead with a projected annual growth of nearly 5% over the next two decades.

Our aviation specialists have an unparalleled understanding of the industry. This in-depth knowledge enables us to provide key insights into the intricate roles and relationships within the industry.

Our claims experience in over 30 African countries and litigation hot‑spots outside of Africa (particularly in North America and Europe) underpins our ability to handle complex multi‑jurisdictional matters. We have deep knowledge of the unique statutory framework, including international conventions and industry standard form agreements.

As trusted partners in the aviation industry, our clients include airlines, general aviation operators (including charter, corporate and private operators), drone/ UAV operators, airports and aerodromes, ground handlers, maintenance and repair organisations, OEMs, aircraft financiers and lessors, and their hull and liability insurers and reinsurers.

Our service includes advising on insurance and reinsurance, dispute resolution, regulatory aspects, aircraft finance and leasing arrangements, as well as corporate transactions. We also provide strategic guidance and assist with risk management. Our services include:

Dispute resolution and Insurance:

We are renowned for the management of risks in the sector and handling major aviation losses across Africa. We have extensive experience advising clients in relation to:

• Major aviation losses across Africa including property damage, hull claims, personal injury, and liability claims
• Insurance and reinsurance coverage disputes
• Subrogated recoveries
• Product development
• Commercial disputes
• Lease management
• Attachment and repossession of aircraft

Aviation finance and transactions:

We advise on aircraft finance and leasing (including sale and purchase agreements, financial and operating leases, lease-backs, PDP financing, and syndications), aircraft specific security, structured permanent financing transactions, defaults and enforcement.

Regulatory and compliance matters:

We regularly advise airlines, general aviation operators, airports and other key role players on regulatory compliance. This includes advising our clients on the intricate regulatory requirements in respect of the licensing of airlines by the air services licensing councils. Our work in this area extends to advising on the appropriate corporate structuring and capitalisation funding structures to meet regulatory requirements for foreign ownership caps, while protecting financial investments.

Commercial advice and risk management:

Our services include drafting and negotiating general commercial agreements, including conditions of carriage, ground handling agreements, fuel supply agreements, maintenance and hangarage agreements etc.

Coverage:

• Providing hull and liability insurers with coverage advice in relation to fraudulent claims for indemnity by a South African insured. This was referred to the Short Term Insurance Ombud, and successfully upheld.

• Providing liability insurers with coverage advice in relation to a claim submitted by a South African drone/ UAV operator.

Subrogated defence:

• Representing an aircraft owner and hull insurers in litigation arising from a multi aircraft ground collision. The proceedings included joinders of ground handlers in terms of IATA SGHA.

• Representing a commercial helicopter operator in relation to claims arising from a fatal incident in South Africa. Various dependant and recovery claims have been pursued in the USA and South Africa. 

Subrogated recovery:

• Advising a helicopter owner and its hull insurers in a claim against the aircraft maintenance organisation for negligent workmanship.

Commercial dispute – enforcement

• Advising financiers on lenders’ rights on an event of default under an aircraft lease agreement, including a step plan to enforce the security.

• Assisting lessors and lenders in enforcing their rights under the Cape Town Convention and the lease against an operating lessee. This entailed the repossession of the leased aircraft at OR Tambo International Airport, Johannesburg.

Licensing / FOP

• Advising investors in relation to the acquisition of a local airline in respect of the transferability of its air service licenses and operating certificates.

Corporate regulatory

• Advising the shareholder of a national airline in relation to various restructuring options, and the impact of those options on the airline’s licences and aircraft leases and advising on the re-establishment of its business operations and interactions with creditors and staff.

• Advising a supplier and creditor of a distressed airline in relation to potentially financing the airline’s operations, taking security over its assets and enforcement mechanisms.

Finance / leasing

• Assisting various operators (airline and general aviation) on the acquisition and finance of aircraft, including the registration of various securities.