Comair sues Boeing for fraud over the 737 MAX jets

Comair Limited filed a lawsuit in federal court against The Boeing Company for fraud and breach of contract concerning the purchase of eight 737 MAX aircraft. Comair is seeking damages in excess of $83 million, which it suffered as a result of Boeing's wrongful conduct.  Based in South Africa, Comair Limited was an airline that operated scheduled services on domestic routes as a British Airways licensee. It also operated as a low-cost carrier under its own kulula.com brand.  The airline was grounded in March 2022 partly due to the financial constraints put upon it by the ongoing 737 MAX issues and the global pandemic. 

The lawsuit details Boeing's wrongful conduct and alleges:

In 2010, Boeing was under pressure from its largest competitor, Airbus. This pressure led Boeing to take shortcuts, make misrepresentations and conceal information to bring the 737 MAX to market quickly.

One of the 737 MAX's central flaws was its new engines. They were larger and could not easily fit under the 737 frame's low wings. To obtain adequate ground clearance, Boeing moved the engines up and forward.

The new mount location caused the aircraft's nose to abnormally pitch up.

Rather than make the necessary, but more costly, aerodynamic changes needed to prevent the pitch-up problem, Boeing tried to combat it with a new software called the Maneuvering Characteristics Augmentation System ("MCAS"), which automatically applied downward stabilizer trim.

Comair's fleet grounded indefinitely

The South African Civil Aviation Authority (SACAA) has grounded the aircraft of regional airline Comair indefinitely it confirmed on Sunday. 

Comair is the franchise partner of British Airways and budget airline Kulula as well as a flight crew training operator. The regulators said Comair had not adequately addressed safety issues and the grounding was going to be indefinite. 

"This morning we communicated to them that their air operator certificate is now indefinitely suspended until they close all of the findings," a SACAA spokesperson Phindiwe Gwebu told Reuters, effectively grounding the company's fleet of over 26 Boeing 737 jets.

"This is a huge blow to our customers, employees and the flying public as it effectively takes 40% of the capacity out of the market.  The implications for the aviation sector and the country are considerable should the suspension continue for any length of time," said Glenn Orsmond, Comair chief executive.

 

The regulators claimed in the past month Comair had experienced safety problems ranging from "engine failures, engine malfunction and landing gear malfunctions," among others.  In its investigations, SACAA said it had discovered three so-called "level 1" findings "which pose an immediate risk" which it advised had to be rectified immediately.  However, the spokesperson would not publically state which those issues were and how soon they could be addressed. 

Passengers will now have to fly on government-owned and financially constrained South African Airlines which offers limited domestic and regional routes.  Full schedule (flysaa.com)

Additional reporting from Reuters, Wendell Roelf 

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Comair enjoys its first Boeing 737 Max 8

The South African British Airways franchise partner, Comair is enjoying its first Boeing 737 Max 8 delivered from the US manufacturer from the airline's order of 8.

The arrival of Comair's first 737 MAX 8 makes it the first sub-Sahara Africa to operate the fuel-efficient twinjet.  “The arrival of the MAX 8 aircraft is a continuation of our fleet renewal programme and builds on the most modern and efficient fleet in South Africa,” said Wrenelle Stander, Executive Director, Comair’s Airline Division. “It is the first of these aircraft to operate in Southern Africa.  These newer aircraft, which showcase state-of-the-art technology, will improve our customer experience, enable us to hedge against fuel price volatility and enhance our operating efficiency.”

St Helena names South African airline preferred bidder

St Helena names South African airline preferred bidder for when airport opens next year

A South African airline operator has been named the favorite to provide an air service for St Helena when its first airport opens early in 2016. But Comair, which also operates budget flights as kulula.com, will only offer flights to Johannesburg in South Africa, despite strong calls for a direct service to Europe.

Potential tourism operators, including SHELCO, the company behind a planned eco resort on the island, had warned that flights from the UK were vital to their plans.