The Malakia High Court in Juba has ordered South Supreme Airlines to compensate the families of the eight victims of the plane crash which happened in Pieri town in Uror County in Jonglei State in March 2021.
During the final ruling on Friday after nearly two years of hearing the case, the presiding judge James Ladu Jada found the company guilty of negligence under Article 17 of the Montreal Protocol.
The article states: “The carrier is liable for damage sustained in case of death or bodily injury (emphasis added) of a passenger upon condition only that the accident which caused the death or injury took place on board the aircraft or in the course of any of the operations of embarking or disembarking.”
Initially, South Supreme Airlines denied responsibility for the deceased passengers saying the company was not aware of their onboard but the court obtained a passenger manifest from the Pieri airstrip with the exact names of the crash victims.
According to Judge Ladu`s ruling, the family of each victim will receive USD 170,000 or the equivalent in the South Sudanese Pounds (SSP), and gave the airline 15 days to appeal the ruling.
Speaking to journalists after the ruling, the plaintiff’s advocate, Monyluak Alor Kuol, said the judgment was fair and that it should be an eye-opener for other airlines.
“It is very fair because it follows the requirements of the agreement that governs aviation internationally,” he said. “I hope the relevant authorities are listening to this because it is clear that there are so many rules and regulations that are not being observed which if enforced would hold airline operators accountable. Airline companies have to ensure that their planes are insured and regularly serviced.”
“We welcome this judgment and have waited for long and today we have proved that the laws exist,” he added.
Meanwhile, Yunais Yoal Kai, the manager of the Pieri Airstrip at the time of the incident, welcomed the court’s ruling and said it has given closure to the victims’ families.
“This ruling shows the independence of the judiciary in South Sudan. This ruling will ease the trauma of the families and ensure that companies maintain their aircraft because they are finishing people,” he said. “Although they say justice delayed is justice denied, today is different and we appreciate our lawyers, especially Molana Monyluak and his team, for their tireless efforts to see and follow this case through.”
The airline’s lawyers refused to comment on the ruling.
The South Supreme Airline Let aircraft with registration number HK-4274 crashed shortly after takeoff in Pieri killing 10 people aboard including two pilots in March 2021.
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