CIVIL AVIATION BILL

[B 73B - 2008]

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BACKGROUND

compliance with International Civil Aviation Organisation (ICAO),

national and international importance of compliance with ICAO,

re-assessment by Federal Aviation Administration (FAA)Retain Category 1 Status,

recommendations to improve civil aviation in South Africa, consolidation of legislation, repeal of:

Aviation Act, 1962, Civil Aviation Offences Act, 1972, South African Civil Aviation Authority Act, 1998.

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CIVIL AVIATION BILL B73B-2008(SECTION 1)

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Provides Definitions

APPLICATION OF ACT(SECTION 2)

Act, Convention and Transit Agreement apply to: every aircraft, aerodrome, air navigation facility, aviation

facility, designated airport, operator, passenger, person boarding an aircraft or entering an aerodrome and owners of aircraft,

every person employed at or in connection with aerodrome, air navigation facility, aviation facility or designated airport,

all foreign registered aircraft and personnel of such aircraft operating in Republic or over territorial waters thereof,

all South African aircraft and personnel, in or outside Republic.

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APPLICATION OF ACT(SECTION 2) continued

Act, Convention and Transit Agreement do not apply to: aircraft, airports, heliports or helistops belonging to

SANDF and SAPS, aircraft or airports in use exclusively by SANDF or

SAPS, aircraft used by customs services.

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POWER TO CARRY OUT AND APPLY CONVENTION AND TRANSIT AGREEMENT(SECTION 3)

Minister, in consultation with CAA may issue proclamations for carrying out the Convention or Transit Agreement,

do all things necessary to ratify amendments to Convention or Transit Agreement

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FUNCTIONS OF MINISTER IN CONNECTION WITH ACT, CONVENTION AND TRANSIT AGREEMENT(SECTION 4)

Minister responsible for carrying out Act, Convention and Transit Agreement,

every person appointed under, or concerned with carrying out of the Act (excluding members of the SANDF or SAPS) must perform functions in a manner which gives effect to the Act,

Minister must designate CAA as the appropriate authority for the purposes of carrying out the functions of the Act.

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ENACTMENT OF CONVENTION AND TRANSIT AGREEMENT(SECTION 5)

Convention and Transit Agreement have, subject to this Act, force of law in the Republic.

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ACQUISITION OF LAND AND RIGHTS IN CONNECTION WITH LICENCED AIRPORTS(SECTION 6)

Minister may acquire land and interest in land adjoining or adjacent to any aerodrome,

Minister may acquire land and interest in land for the purpose of erection and maintenance of aids to safety in air navigation. 

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PERMISSION TO USE LAND HELD UNDER ANY RECONNAISANCE PERMISSION, PROSPECTING OR MINING AUTHORISATION(SECTION 7)

subject to relevant legislation, Minister of Minerals and Energy may permit the use of specific land for the establishment of airports and other related functions.

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TRESSPASS, NUISANCE, RESPONSIBILITY FOR DAMAGE OR LOSS BY REGISTERED OWNERS AND OPERATORS OF AIRCRAFT(SECTION 8)

no action lies in respect of trespass or nuisance by reason only of the flight of aircraft over any property at a height which is reasonable, in compliance with Act, Convention and Transit Agreement,

damage or loss caused by aircraft in flight, any person in such aircraft or article falling from aircraft may be recovered from the registered owner of the aircraft,

registered owner, or operator of aircraft must have insurance relating to damage or loss caused by aircraft.

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Aviation Safety Investigation Board (ASIB)

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APPLICATION OF CHAPTER

(SECTION 9)

in or over the Republic and any place that is under the Republic’s air traffic control,

in or over any place if the Republic is requested to investigate the aircraft accident or incident, or,

the aircraft accident or aircraft incident involves an aircraft that is operated by a person in possession of a South African aviation authorisation or any other aviation approval document.

Chapter applies to aircraft accidents and aircraft incidents:

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ESTABLISHMENT AND OBJECTS OF AVIATION SAFETY INVESTIGATION BOARD (ASIB)(SECTIONS 10 AND 11)

ASIB is juristic person, to advance aviation transportation safety by: independent investigations, findings as to causes and

contributing factors, identifying safety deficiencies, making recommendations to eliminate or reduce safety

deficiencies, reporting publicly on investigations and findings, promoting compliance with, and investigate aircraft accidents

and aircraft incidents in compliance with Annex 13 to the Convention,

no apportionment of blame or liability, does not determine civil or criminal liability,

sole objective is accident prevention,

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15

JURISDICTION(SECTION 12)

ASIB may, to achieve its objectives or if requested by the Minister, investigate aircraft accidents or aircraft incidents,

no department (excluding Department of Defence) may commence an investigation if: aircraft accident and aircraft incident is being investigated by

the ASIB, that department is informed that the aircraft accident or incident is

proposed to be investigated by the ASIB, a department may continue to investigate for purposes other than

for determining causes or contributing factors, SAPS may investigate for any purpose for which it is empowered

to do so, the ASIB must not enquire into any aircraft accident or aircraft

incident where a prosecution, inquest or enquiry has been established by the Minister which was instituted or completed before commencement of this Act.

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16

CO-ORDINATION OF INVESTIGATIONS(SECTION 13)

where a department (excluding Department of Defence) investigates an aircraft accident or incident, the ASIB and

such department must co-ordinate activities, requirements and interests of the ASIB take precedence

over that of a department in case of conflict of interest, when aircraft accident or incident is investigated by the

ASIB, Department of Defence or SAPS or a visiting force, reasonable steps must be taken to ensure co-ordination.

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17

COMPATIBLE PROCEDURES AND PRACTICES(SECTION 14)

The ASIB must ensure that investigation procedures and practices are compatible with international agreements, conventions and judicial inquests in terms of the Inquests Act.

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APPOINTMENT OF MEMBERS, FILLING OF VACANCIES AND TERMS OF OFFICE(SECTION 15)

ASIB consist of note more that 5 members, appointed by the Minister, one must be a full-time member and Chairperson.

Chairperson appointed for a term of 3 years and is eligible for reappointment for one further term only.

Member of the AISB is appointed for a term not exceeding 3 years and is eligible for reappointment.

Member must be a South African citizen, permanently resident in the Republic.

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19

DISQUALIFICATION AND REMOVAL OF MEMBERS OF ASIB(SECTION 16)

A Person may not be appointed as a member of ASIB, Not a permanent resident Is a public servant, or holds a position remunerated by the state Is an office bearer or an employee of a party Having a direct interest in the aviation industry Has been declared mentally ill or disordered Is an unrehabilitated insolvent Has at any time been convicted Has at any time been removed from office of trust on account of

misconduct

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20

PERFORMANCE MANAGEMENT SYSTEM(SECTION 17)

The Minister must establish a performance management system (PMS) to monitor and evaluate the performance of the members of ASIB PMS must – set key performance indicators Set measurable performance targets Set a procedure to measure and review performance at

least once a year

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21

REMUNERATION, FEES AND EXPENSES OF ASIB(SECTION 18)

Members of Aviation Safety Investigation Board, remuneration and allowances that are determined by the Minister as determined in consultation with the Minister of Finance.

Members are entitled to reasonable travel and living expenses – in their course of their duties as may be prescribed from time to time.

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22

DUTIES CHAIRPERSON, MEETINGS, QUORUM(SECTION 19 TO 21)

Chairperson of ASIB has exclusive responsibility for managing personnel matters, financial matters, property matters and for all other aspects of the internal management of ASIB.

ASIB must meet not less than 12 times a year Three members of ASIB for a quorum

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23

EXPENDITURE, PFMA, CONFLICT OF INTEREST(SECTION 22 TO 24)

Expenditure in connection with the execution of the ASIB must be paid out of money appropriated by Parliament for such purpose.

ASIB must comply with the provisions of the Public Finance Management Act

Members of ASIB may not directly or indirectly, as owner, director, officer, partner or otherwise, be engaged in an aviation undertaking or business or have an interest in an aviation undertaking or business or an interest, financial or otherwise, in the manufacture of aviation plant or equipment

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DUTIES OF MEMBERS OF ASIB(SECTION 25)

Make Rules regarding conduct of business Establish policies with regards to classes of aircraft

accidents and aircraft incidents to be investigated. Review Reports submitted to them by the Director

of Investigations Determine the ASIB’s findings as to the causes and

contributing factors of aircraft accident or aircraft incident.

Identify any safety deficiencies as evidenced by aircraft accidents or aircraft incidents

Make recommendations as they consider appropriate.

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APPOINTMENT OF STAFF - ASIB(SECTION 26)

Aviation Safety Investigation Board, must at its first meeting or as soon as practical thereafter, after consultation with the Minister appoint a Director of Investigation, other investigators and such staff as are necessary for the proper conduct of the work of the ASIB

The Chairperson of ASIB is responsible for the management of, and administration control over, the staff appointed.

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26

AGREEMENTS BETWEEN ASIB AND THE DIRECTOR (SECTION 27)

ASIB and the Director may enterinto agreements with regard to: The secondment of staff of the Director to ASIB for the

purposes of rendering any assistance during any any investigation

Any other matter relating or incidental to the investigation of aircraft incidents and aircraft accidents by the ASIB

When entering into such agreements the parties must avoid a conflict of interest.

ASIB must make all efforts to enter into agreements with Ministers responsible for departments – providing for the coordination of activities between the ASIB and the departments with respect to aircraft accidents and aircraft incidents.

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27

REMUNERATION OF STAFF OF ASIB(SECTION 28)

An appointed member of staff of the Aviation Safety Investigation Board receives such remuneration and allowances as may be determined by the Minister in consultation with the Minister of Finance.

Different scales of remuneration, allowances, benefits or privileges may be determined under subsection (1) in respect to different members of staff of the ASIB

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INDEPENDENCE AND IMPARTIALITY OF ASIB(SECTION 29)

Members, staff, experts, advisors and accredited representatives of Aviation Safety Investigation Board must serve impartially and independently and exercise and carry out and perform their powers, duties and functions in good faith and without fear, favour, bias or prejudice, subject only to tis Act and the Convention.

ASIB must function without any political or commercial interference.

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FUNCTIONS OF AVIATION SAFETY INVESTIGATION BOARD(SECTION 30)

investigates aircraft accidents and aircraft incidents in compliance with Annex 13 to the Convention,

advises on safety recommendations prior to the completion of any investigation,

oversees and controls the performance of functions and activities of persons appointed by it,

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FUNCTIONS OF AVIATION SAFETY INVESTIGATION BOARD(SECTION 30) continued

submits final report to the Minister within 3 months of completion of an investigation,

submits final report to all recipient States in compliance with Annex 13 to the Convention regarding aircraft accident or aircraft incident investigated by the ASIB,

monitors implementation of safety recommendations as issued by contracting States.

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31

POWERS OF ASIB and INVESTIGATORS (SECTION 31, 32 and 33)

ASIB investigates aircraft accidents and aircraft incidents: determines its own staff establishment having regard to

available funds, makes rules for the internal procedures for the

investigation of aircraft accidents and aircraft incidents, delegates the investigation of aircraft accidents or aircraft

incidents to other contracting States (Annex 13 to the Convention),

establishes an aircraft accident and aircraft incident reporting system,

institutes or defends any legal action, summons and examines witnesses under oath: summons any person to give evidence,

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POWERS OF ASIB and INVESTIGATORS(SECTIONS 31, 32 and 33) - continued

Director of Investigations: has exclusive authority to direct the conduct of investigations on

behalf of the ASIB,Investigators: have unrestricted access to aircraft involved in an aircraft accident or

aircraft incident, as well as to all documents which may be necessary for the investigation,

compile reports in connection with the investigation, obtain information from any person, summons and examine

witnesses under oath, have unrestricted access to and control over all relevant evidence, require a person to submit to a medical examination, may require a physician (if so authorised by a patient) to provide

information, may cause an autopsy to be carried out.

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SEARCH AND SEIZURE BY INVESTIGATORS(SECTION 34)

Investigator may, only in execution of section 34: search and seize any property or item, enter and search a place for any item and secure

the safekeeping of the item seized.

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POWER TO TEST ITEMS SEIZED, RETURN THEREOF, CERTIFICATE, PUBLIC INQUIRY(SECTIONS 35, 36, 37 AND 38)

the investigator may cause tests, including the destruction of an item to be conducted,

owner of the item may be present at testing of item, items seized must be returned to the owner or person

from whom it was seized as soon as possible, owner or person from whom item was seized may apply to

court to have item returned, public inquiry held when deemed necessary, certificate of appointment may be requested.

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35

NOTIFICATION OF DEPARTMENT OF OCCURRENCE OF AIRCRAFT ACCIDENT OR AIRCRAFT INCIDENT(SECTION 39)

when a department is notified of an aircraft accident or aircraft incident, that department must provide the ASIB with full particulars thereof, and

advise the ASIB of any investigation it plans to conduct.

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36

NOTIFICATION OF A MINISTER HAVING INTEREST IN AIRCRAFT ACCIDENT OR AIRCRAFT INCIDENT(SECTION 40)

where the ASIB is notified of an aircraft accident or aircraft incident, it must provide particulars thereof to any Minister responsible for a department having an interest

advise the Minister of that department of any investigation it plans to conduct.

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37

ATTENDANCE AND REMOVAL OF OBSERVERS(SECTION 41)

subject to conditions provided by the ASIB, a person may attend as an observer at an investigation,

such person may be removed as observer from an investigation if the observer has a conflict of interest that impedes the conduct of the investigation.

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38

REPORT ON COMPLETION OF INVESTIGATION AND MANNER OF DEALING WITH REPRESENTATIONS (RIGHTS OF AFFECTED PARTIES) (SECTIONS 42 AND 43)

on completion of investigation, the ASIB must prepare and make available to the public a report on its findings, indicating safety deficiencies,

before making public such report, a copy of the draft report to be sent to each Minister and person who has a direct interest in the findings, and

must give that Minister or person an opportunity to make representations within no less than 60 days,

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39

REPORT ON COMPLETION OF INVESTIGATION AND MANNER OF DEALING WITH REPRESENTATIONS (RIGHTS OF AFFECTED PARTIES) (SECTIONS 42 AND 43) continued

an interim report must be provided upon request by a Minister of a department having an interest in the investigation,

representations received must be considered before preparing a final report,

representations may be used by the ASIB if considered necessary in the interest of aviation safety.

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40

NOTIFICATION OF FINDINGS AND MINISTER’S RIGHT TO RESPOND(SECTIONS 44 AND 45)

the ASIB must: during its investigation, notify a Minister or any person

having an interest in its findings, that the matter requires urgent action, and

on completion of its investigation notify a Minister or a person who has an interest in its findings of any safety deficiencies, together with recommendations

a Minister who is notified of the findings of the ASIB must within 90 days: advise the ASIB of any proposed action to be taken in

response to findings and recommendations, or provide written reasons to the ASIB if no action will be

taken.

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DELEGATION OF POWERS(SECTION 46)

ASIB may delegate powers or duties, except power to make rules and recommendations

41

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42

ON-BOARD RECORDING(SECTIONS 47 TO 53)

contents of on-board recording is privileged, however, on-board recording that relates to aircraft

accident or aircraft incident must be released to an investigator,

the ASIB must not communicate or permit to be communicated any portion of on-board recording that is unrelated to the cause or contributing factors,

court or judicial inquest may order evidence relating to on-board recording to be given if in public interest, or if proper administration of justice outweighs privilege attached to such recording.

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43

COMMUNICATION RECORD AND STATEMENTS OBTAINED(SECTIONS 54 TO 58)

communication record must not be used against a person in legal or disciplinary proceedings,

statements must not be used against a person who made it in any legal or disciplinary proceedings, except in a prosecution for perjury,

courts or inquests may require evidence to be given relating to the statement if public interest or proper administration of justice outweighs the privilege attached to the statement.

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44

REPORTING OF AIRCRAFT ACCIDENTS AND AIRCRAFT INCIDENTS(SECTIONS 59 TO 61)

the ASIB may make rules for mandatory or voluntary reporting of aircraft accidents or aircraft incidents,

identity of person who makes a report to the ASIB may be protected,

report under voluntary system may not be used against the person who made the report in any legal or disciplinary proceedings.

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45

APPEARANCE AND OPINIONS OF INVESTIGATOR(SECTIONS 62 and 63)

investigator not competent or compellable to appear as witness, except before a judicial inquest and if ordered by court,

opinion of investigator not admissible in evidence in legal, disciplinary or other proceedings.

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46

RULES(SECTION 64)

the ASIB may, subject to approval by Minister, make rules: prescribing the manner in which it exercises its

powers, duties and functions, regulating the keeping of records, regarding rules and procedures for public inquiries

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47

OFFENCES AND EVIDENCE(SECTION 65 and 66)

any person who: without lawful excuse resists or obstructs a member

of the ASIB or investigator, or knowingly gives false or misleading information is

guilty of an offence no person may refuse or fail to produce information

to an investigator, no person may refuse to submit to a medical

examination, but such information remains privileged.

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48

TRANSITIONAL ARRANGEMENTS AND LIABILITY(SECTION 67 and 68)

a matter that is being investigated, or has been investigated but a report has not been made by the CAA when this Act comes into force shall, when this Act comes into force, be taken up and continued by the ASIB,

member of the ASIB, appointed staff, accredited representative, expert and advisor not personally liable by virtue of any report or finding made in good faith.

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49

COMMISSIONS AND BOARDS OF INQUIRY(SECTION 69 and 70)

In the event of an aircraft accident or aircraft incident rising out of or in the cause of air navigation and occurring in or over the Republic or territorial waters thereof the President may appoint a Commission of Inquiry in terms of Section (84 (2) (f) of the Constitution to conduct an investigation into the accident and report to him or her thereon.

The Minister may appoint a Board of Inquiry – to counter any action contemplated in Section 143.

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CIVIL AVIATION AUTHORITY (CAA)

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ESTABLISHMENT AND OBJECTS(SECTIONS 71 AND 72)

CAA is a juristic person, objects of CAA,

controls, regulates civil aviation safety and security,

oversees safety and security matters in civil aviation industry,

oversees functioning and development of civil aviation industry,

promotes civil aviation safety and security.

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52

FUNCTIONS OF CAA(SECTION 73)

CAA conducts safety and security oversight of civil aviation by: developing, promoting regulatory requirements, technical

aviation safety and security standards, developing enforcement strategies to secure compliance

with aviation safety and security standards. issuing certificates, licences, etc: conducting aviation industry surveillance, assessment of

safety and security related decisions, overseeing and regulating flight inspection of navigational

aides to aviation, conducting reviews of civil aviation safety and security

systems.

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53

FUNCTIONS(SECTION 73) continued

safety and security related functions: encouraging acceptance by the industry of its

obligation to maintain high standards of aviation safety, safety and security education and training

programmes, advice and awareness of the importance of aviation

safety and security, communication with all interested parties, administers this Act, recommendations to the Minister regarding conclusion

of any international agreement, investigates aircraft accidents and aircraft incidents that

the ASIB has determined not to investigate.

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54

FUNDING OF THE SOUTH AFRICAN CIVIL AVIATION AUTHORITY (CAA)(SECTION 74)

CAA is funded from: regulatory charges, fees and levies, loans, monies received in terms of the South

African Civil Aviation Authority Levies Act, 1998, levies on the supply of aircraft fuel.

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CIVIL AVIATION AUTHORITY BOARD (CAA BOARD)

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ESTABLISHMENT, FUNCTIONS AND RESPONSIBILTIES OF THE CIVIL AVIATION AUTHORITY BOARD(SECTIONS 75 and 76)

CAA Board established, Oversee the corporate governance of the CAA, Provides strategic direction on corporate governance in order to

attain the objects as set out in Section 72, To monitor service standards and customer satisfaction levels

and to report to the Minister on any matter concerning such issues.

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RESPONSIBLITIES (SECTION 76)

To determine, oversee and revise the corporate governance structures of within the CAA.

To determine, oversee and revise human resources policies and human resources strategies for the CAA,

To determine and compile the corporate governance plan in respect of the CAA

To determine the policy for conditions of employment and remuneration, allowances, and other service benefits of employees of the CAA, other than the Director, and

To compile an annual report on the financial state of affairs of the CAA,

acts as accounting authority for CAA, may appoint committees to advise it on the exercise of powers and

functions.

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58

APPOINTMENT OF MEMBERS(SECTION 77) 7 members:

1 to be non-executive chairperson, appointed for 3 years, eligible for re-appointment for 1 further term,

1 must be, if Minister specifies an office in the Department, the person holding that office,

1 must be person with suitable expertise Human Resources management,

2 must be persons representative of the civil aviation industry, with suitable financial and operational expertise,

1 must be a legally qualified person with expertise in aviation law, and 1 must be a person with civil aviation acknowledged technical

competencies involved in organised labour from the aviation industry,

Director of CAA is a Member of the Board

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MEETINGS AND REMUNERATION OF MEMBERS(SECTIONS 78 AND 82)

meetings to be held at time and place to be determined by chairperson,

5 members form a quorum, chairperson presides at all meetings, appointed members receive remuneration as

determined by the Minister in consultation with the Minister of Finance.

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60

REMOVAL OF MEMBER, CONFLICT OF INTEREST(SECTIONS 80 and 84)

member vacates office immediately if: is convicted of specific offences, without authorisation discloses information gained as a

result of membership, is or becomes a political office bearer, has at any time been removed from an office of trust on

account of misconduct, is relieved of office by Minister in accordance with Act.

Minister may relieve members if: members failed to comply with performance agreement and

failed to correct such failure. any potential conflict of interest to be disclosed

immediately.

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PERFORMANCE AGREEMENT WITH MINISTER, CORPORATE GOVERNANCE PLAN(SECTIONS 83 AND 94)

CAA board must annually submit to the Minister a corporate governance plan in respect of the ensuring financial year and each of the three immediately following financial years.

The Minister, CAA Board and the Director must in consultation enter into an written agreement or agreements about the performance of the CAA functions in terms of this Act.

Performance agreement relating to: Minister’s requirements in respect of efficiency,

achievements of objects, principles to be followed in respect of business planning, protection of financial soundness of CAA Board

61

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PFMA AND ANNUAL REPORT(SECTION 95)

PFMA applies to the CAA Board, annual report to be submitted to the Minister

consisting of: balance sheet, income statement and cash flow

statement, report by auditor of CAA Board, financial position of the CAA,

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63

USE OF NAME, CONFLICT OF INTEREST(SECTIONS 97 and 98)

restriction on use of name: “South African Civil Aviation Authority”,

a person appointed to perform a function in terms of this Act or regulations must disclose to Director details of aspects which may compromise independence in carrying out duties and functions.

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64

LIMITATION OF LIABILITY (SECTIONS 99)

no employee of the CAA is liable for anything done in good faith in exercise of a power or duty in terms of this Act.

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DIRECTOR OF CIVIL AVIATION (DIRECTOR)

65

APPOINTMENT AND REMOVAL OF DIRECTOR(SECTION 85)

Minister appoints Director, Minister must have regard to:

management and technical knowledge in aviation related field,

special skills, qualifications, administrative expertise, any other factor which Minister considers appropriate.

Director holds office for period not exceeding 5 years, Director may be re-appointed, Director holds office on full-time basis, Director must be South African citizen. Director may be removed or vacates office interms of

subsection (10) and (11)

66

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DUTIES OF DIRECTOR(SECTION 86)

Director manages, and is head of CAA’s administration, Director solely and directly accountable to the Minister in

respect of civil aviation safety and security oversight issues, Director accountable to the CAA Board in respect of

implementation of governance policies. Director must submit a quarterly report to the Board on the

execution of the functions of the CAA by the Director.

67

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RESPONSIBILITIES OF DIRECTOR(SECTION 87)

responsible for safety and security oversight functions, performs any functions and exercises any power assigned to

the Director in terms of performance agreement, Is responsible to exercise all powers granted to and duties

imposed on the Director in terms of this Act, Is responsible for the submission to the CAA Board of an

annual report concerning the activities of the CAA,

68

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POWERS OF DIRECTOR AND ASSIGNMENT / DELEGATION(SECTIONS 88 and 89)

 Director may designate one or more: persons in service of CAA as inspectors or authorised

officers, and persons not in service of CAA as authorised persons.

may limit powers of authorised officers, inspectors or authorised persons,

May in the prescribed manner issue any license, certificate, registration or authorisation required in terms of this Act.

69

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ACTING DIRECTOR(SECTION 90)

Not exceeding 30 days Director may, in event of Director’s absence from Republic or

inability to fulfil duties, appoint member of staff of CAA to act as Director,

period of appointment as acting director may not exceed 30 days.

 Exceeding 30 days Minister appoints Acting Director in absence of Director

exceeding 30 days, Acting Director may not act for more than 12 months.

70

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CONSULTATION, CONFLICT OF INTEREST(SECTIONS 91 and 93)

Director must, in performance of functions, endeavour to consult with relevant persons, body.

conflict of interest prohibited, Director may not hold direct or indirect financial

interest in civil aviation activity without prior approval of Minister.

71

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MINISTERIAL ORDER(SECTION 100)

The Minister may after consultation with the CAA in writing issue an order in respect of aviation matters requiring the CAA to do or not to do what is mentioned in the order, if the Minister considers it necessary so to order, In the interest of aviation safety and security; or To discharge or facilitate the discharge of an international

obligation of the State.

72

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JUDICIAL MANAGEMENT AND LIQUIDATION OF THE CAA(SECTION 101)

Despite the provisions of any other law, the Civil Aviation Authority may not be placed under judicial management or in liquidation except if authorised by an Act of Parliament adopted especially for that purpose.

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AVIATION SECURITY

74

NATIONAL AVIATION SECURITY POLICY(SECTION 102)

Subject to this Act the Department is responsible for the development of national civil aviation policies of the state.

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NATIONAL AVIATION SECURITY RESPONSIBILITIES (SECTION 103)

The Department is responsible, for the compilation, revision and development of the

National Aviation Security Program (NASP). the establishment, production, promulgation and review of

the NASP to ensure it continues to meet the States obligations and is consistent with government policy.

the defining and allocating of tasks within government policy for the implementation of the NASP as between agencies.

76

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NATIONAL AVIATION SECURITY COMMITTEE AND OBJECTS OF THE NASC (SECTION 104 AND 105)

The Minister must institute a National Aviation Security Committee.

The objects of the NASC are to advise the Minister with regard to aviation security policy;

Review and make recommendations to the effectiveness of security measures and procedures; and

Provide for coordination to ensure the proper and diligent implementation of the national aviation security program.

77

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AVIATION SECURITY PROGRAM SUBMITTED TO THE MINISTER FOR APPROVAL (SECTION 109)

An Aviation Security Program which is drawn up in terms of this Act shall be submitted to the Minister for approval and shall by virtue of such approval be binding.

78

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DETERMINATIONS BY THE MINISTER (SECTION 110)

The Minister must, in consultation with the Civil Aviation Authority and with concurrence of the person in charge of a designated airport, approve the appointment of the person responsible for the execution of the security program of such designated airport.

79

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AVIATION PARTICIPANTS REQUIRED TO HAVE A NATIONAL AVIATION SECURITY PROGRAM (SECTION 111)

The following participants are required to have a national aviation security program:

The operator of a designated airport; The Air Traffic and Navigation Services Company; Any air carrier; and Any other participant designated by the Minister from time

to time in the Gazette

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OFFENCES(SECTION 112)

Any person who contravenes provisions of this part, except section 111; or

Contravenes or fails to comply with any provisions of a safety plan approved by the Minister and whereof the contents have been brought to his or her notice, is Guilty of an offence.

81

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MONITORING AND ENFORCEMENT OF REGULATORY COMPLIANCE BY

CAA

82

MONITORING OF REGULATORY COMPLIANCE(SECTION 113)

authorised officer, authorised person or inspector may, without warrant: enter aircraft, place or premises, inspect, examine object and make copies from any book or

document that such person believes, on reasonable grounds, contains information relevant to the administration of the Act,

private dwelling may only be entered without warrant if believed that object may be destroyed, tampered with or disposed of if a warrant is obtained first.

83

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GROUNDING OF AIRCRAFT, CLOSING OF FACILITY(SECTION 115)

if aircraft is intended or likely to be flown under circumstances contravening this Act or will cause imminent danger, authorised officer or inspector may: ground any aircraft, or close any aviation related facility.

Director may lift grounding order when satisfied Act is complied with.

84

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PROHIBITION ON EXERCISING OF PRIVILEGES(SECTION 116)

authorised officer of inspector may prohibit holder of aviation certificate, permit or authorisation to exercise such privilege if: Act is likely to be contravened, or there is imminent

danger to person in aircraft or person, property on the ground.

85

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ADMINISTRATIVE APPEALS

86

APPEAL AGAINST DECISIONS OF AUTHORISED OFFICERS, AUTHORISED PERSONS AND INSPECTORS(SECTIONS 117 and 118)

“decision” has same meaning as assigned in PAJA.

aggrieved person may lodge written appeal with Director within 30 days,

Director, within 3 days amend, withdraw or make new decision,

person aggrieved by decision of Director may within 5 days appeal to Appeals Committee.

87

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APPEAL AGAINST REFUSAL, CANCELLATION OF MEDICAL CERTIFICATE(SECTION 119)

applicant for, or holder of a medical certificate who feels aggrieved by: decision to cancel medical certificate, decision declaring him or her unfit or temporarily unfit, endorsement made on medical certificate may appeal

to Director within 60 days Director assisted by at least 2 medical practitioner,

one must have experience in aviation medicine, appeal to be considered within 60 days of receipt

thereof, if still not satisfied, appeal to High Court.

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APPEAL AGAINST DECISION OF DIRECTOR (SECTIONS 120)

person aggrieved by decision taken by Director (excluding decision on medical certificate) may appeal to Appeal Committee within 30 days.

89

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COMPOSITION OF APPEAL COMMITTEES(SECTION 122)

Minister appoints Appeal Committee (s), Appeal Committee consists of:

person with not less than 10 years experience as attorney or advocate (presiding officer), and

2 other persons. appointed on part-time basis, technical knowledge, experience in aviation

related field, special skills, qualification or experience in aviation required,

90

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COMPOSITION OF APPEAL COMMITTEES(SECTION 122) continued

person having direct or indirect personal interest in outcome of appeal may be disqualified as member of such committee,

member holds office for 3 years and is eligible for re-appointment,

Minister may terminate period of office of member if: performance is unsatisfactory, or if member is

unable to perform the functions effectively.

91

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CONDITIONS OF SERVICE, QUORUM AND MEETINGS(SECTIONS 123 and 124)

conditions of service are prescribed by the Minister, with approval of Minister of Finance.

all members of Appeal Committee constitute a quorum,

procedure at appeal is determined by chairperson of Appeal Committee,

chairperson may: summons any person having information concerning

the subject of the hearing, calls any person as a witness.

92

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DECISIONS AND GENERAL PROVISIONS(SECTIONS 125 AND 126)

Appeal Committee may confirm, vary or set aside a decision,

decision of Appeal Committee must be made in writing within 21 days of date of hearing of the appeal,

chairperson must maintain a record of proceedings, no person is excused from complying with the Act

on the grounds that an appeal is pending.

93

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APPEAL AGAINST DECISION OF APPEAL COMMITTEE AND ADMINISTRATIVE WORK(SECTIONS 127 AND 128)

any person affected by a decision of an Appeal Committee may appeal to the High Court,

administrative work of Appeal Committees performed by employees of the South African Civil Aviation Authority.

94

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PROCEDURES FOR IDENTIFYING, NOTIFYING OF DIFFERENCES AND ISSUANCE OF EXEMPTIONS(SECTIONS 129 AND 130)

procedure for identifying and notifying of differences are as prescribed,

Director may exempt a person or body from compliance with this Act, on specific conditions,

exemption may not be granted for period longer than 180 days, possible to extend for further 180 days.

95

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COMPLIANCE WITH ANNEX 2 OF CONVENTION (MARSHALLING SIGNALS, INTERCEPTION MANOEUVRES AND ORDERS)(SECTION 131)

South African aircraft must comply with marshalling signals, interception orders or manoeuvres issued by any State,

aircraft, when in South African airspace must comply with marshalling signal, interception order or manoeuvre issued by SA aircraft.

96

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TRANSFER OF FUNCTIONS AND DUTIES (ARTICLE 83 bis)(SECTION 132)

when aircraft registered in Contracting State is operated by lease agreement or charter, Minister may by agreement with such State transfer to it all or part of its functions and duties,

Director must, under specific circumstances recognise validity of licences and certificates issued by Contracting State.

97

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OFFENCES AND PENALTIES(SECTION 133)

person who on board an aircraft: without lawful reason seizes or exercises control of that

aircraft, commits an act of violence, wilfully interferes with any member of the crew. destroys or causes damage to aircraft, places on aircraft a device which is likely to destroy that

aircraft, destroys or damages air navigation facilities, communicates information which he or she knows to

be false,98

OFFENCES AND PENALTIES(SECTION 133) continued

places at or in any airport any device which is calculated to endanger, injure or kill any person,

commits an act at an airport which is likely to cause serious injury,

performs any other act which jeopardises or may jeopardise: operation of an air carrier, safety of an airport, good order and discipline at the airport,

is guilty of an offence.

99

INTERFERENCE WITH OPERATION OF AIR CARRIER, AIRPORT OR HELIPORT(SECTION 134)

a person who interferes with the operation of an air carrier, airport or heliport is guilty of an offence.

100

NUISANCE, DISORDERLEY OR INDECENT ACT ON BOARD AIRCRAFT(SECTION 135)

a person who causes nuisance or performs a disorderly or indecent act on board an aircraft is guilty of an offence.

101

INTERFERENCE WITH DIRECTOR, MEMBER, STAFF OF THE ASIB(SECTION 136)

a person who causes interference, or wilfully hinders or obstructs the Director or a member of the CAA or the staff of the Accident Safety Investigation Board is guilty of an offence.

102

SMOKING ON BOARD AIRCRAFT, TAMPERING WITH SMOKE DETECTORS, OPERATING PORTABLE ELECTRONIC DEVICE WHEN PROHIBITED(SECTION 137)

a person who smokes on board an aircraft, tampers with a smoke detector or operates a portable electronic device when prohibited is guilty of an offence.

103

ILLEGAL PRACTICES IN CONNECTION WITH CARGO, BAGGAGE, MAIL OR OTHER GOODS(SECTION 138)

person who, within an aerodrome and without authority tampers with, opens, damages or,

detains or keeps cargo or, induces any person to deliver or dispose of such cargo or baggage, is guilty of an offence.

104

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PROHIBITION AND CONTROL IN AIRCRAFT(SECTION 139)

a person may not board or attempt to board aircraft if such person has in his / her possession any harmful article,

person who wishes to consign any harmful article must do so in the manner prescribed by regulation or the Convention.

105

PROHIBITION AND CONTROL IN RESTRICTED AREAS AND IN AVIATION FACILITIES(SECTIONS 140 and 141)

no person may enter a restricted area while in possession of any harmful article unless that person is: an authorised person, authorised in writing to be in that restricted area, a passenger or crew member who is in the restricted

area for purposes of taking possession of baggage containing a harmful article.

authorised person or person in control of aviation facility may refuse entry into restricted area.

106

PROHIBITION OF CONVEYANCE OF ARMAMENTS, DRUGS OR ANIMAL PRODUCTS(SECTION 142)

except with written permission of the Minister no person shall convey armaments, drugs or animal products in aircraft,

aircraft which is believed to be conveying armaments, drugs or animal products is subject to the regulations regarding identification and interception of aircraft (with regard to Tokyo Convention),

authorised person may, without a warrant: search any aircraft if reasonably believes aircraft is used to

convey armaments, drugs or animal products, seize any armaments, drugs or animal products, seize any aircraft on which armaments, drugs or animal products

are found, arrest any person who is found on board an aircraft when

reasonably suspects of having committed an offence.

107

THREAT TO SECURITY(SECTION 143)

Minister may, if of the opinion that an action by any person or group of persons threatens safety of aircraft, airport or aviation facility, may issue orders as necessary to counter such action,

authorised person may take such steps as necessary to comply with order,

person who fails or refuses to give effect to such order is guilty of an offence.

108

PENALTIES FOR CONTRAVENTION OF SECTIONS 133 TO 142, 145, AND 148(SECTION 144)

person who contravenes or commits an offence under this Act, Convention or Transit Agreement is liable to a fine or imprisonment,

if person is holder of a licence or certificate, the court may cancel or suspend such licence or certificate,

Director may impose an administrative penalty for failing to comply with this Act,

if person fails to pay administrative penalty, CAA may recover amount from such person.

109

SEARCH, SEIZURE AND POWERS OF ARREST BY AUTHORISED PERSON(SECTION 145)

authorised person may, in interest of aviation security, without warrant, search person, baggage, vehicles, etc,

Minister may direct manager of airport to ensure the search of all persons, baggage, vehicles, personal effects, etc,

failure to comply with direction of Minister is an offence,

airport manager may direct authorised person to conduct search of person, vehicle, baggage, personal effects, etc if necessary for security of the airport,

110

SEARCH, SEIZURE AND POWERS OF ARREST BY AUTHORISED PERSON(SECTION 145) continued

authorised person may, if it is believed that a search is necessary for security of any airport, without warrant search any building, structure, equipment, etc,

authorised person may, in writing, order person who refuses to be searched to leave airport or heliport immediately,

any search contemplated in this Section must be conducted with strict regard for decency and order, with respect for each person’s right to dignity, freedom, security and privacy.

111

SEIZURE OR RETENTION OF HARMFUL ARTICLES(SECTION 146)

authorised person may seize any harmful article found during a search carried out in Section 145,

harmful article seized must be delivered to a police official.

112

POWERS OF ARREST AND CALL FOR IDENTIFICATION BY AUTHORISED PERSON(SECTIONS 147 AND 148)

authorised person may, without warrant, arrest any person who has committed, or is suspected to have committed an offence referred to in this Act,

authorised person may, if it is considered necessary in the interest of security, call upon any person in any airport, air navigation facility to supply full name and address.

113

DELEGATION OF POWERS(SECTION 149)

the Minister may on condition delegate in writing to the Director any or all the powers conferred by this Act, save a power to make Regulations.

114

ACTS OR OMISSION TAKING PLACE OUTSIDE REPUBLIC(SECTION 150)

any act or omission on board a South African registered aircraft, outside the Republic, which if it took place in or over the Republic would have been an offence, constitutes that offence,

115

ACTS OR OMISSION TAKING PLACE OUTSIDE REPUBLIC(SECTION 150) continued

any act contemplated in Sections 138, 139, 141 and 142 committed outside the Republic, on board any aircraft in flight other than a South African registered aircraft, and act of violence against passengers or crew is considered to have been committed in the Republic: if aircraft lands in the Republic with the person who

committed the act, still on board, if such aircraft is leased without crew to a lessee who

has principal place of business in the Republic, if person is present in the Republic, if person is apprehended in the Republic.

116

JURISDICTION(SECTION 151)

any offence contemplated in Section 150(2) is considered to have been committed in any place where the accused happens to be, or is found.

117

EXTRADITION(SECTION 152)

for purposes of Extradition Act, 1962 to an offence committed on board an aircraft in flight: aircraft registered in Convention Country must, while in

flight, be considered to be within the jurisdiction of that country,

landing of aircraft in any Convention Country with offender on board, will result in offence being considered to have been committed in that country,

where aircraft was leased without crew to a lessee who has principal place of business in Convention Country, offence to be considered to have been committed in that country.

118

ADMISSIBILITY OF STATEMENTS(SECTION 153)

in court proceedings in the Republic for offence committed on board an aircraft, and person cannot be found in the Republic, statement relating to the subject matter is admissible as evidence if made under oath: to an officer having functions corresponding to the

functions in the Republic of a judge or magistrate or consular officer, and

in the presence of the person charged with the offence.

119

POWERS ON BOARD AIRCRAFT(SECTION 154)

if commander of aircraft in flight believes that any person on board has, or is about to do any act which jeopardises the safety of the aircraft, commander must take measures: to protect safety of the aircraft and persons, to maintain good order and discipline on board.

any person on board may render assistance in restraining person whom commander is entitled to restrain,

commander of aircraft may disembark that person in any country in which that aircraft may be and deliver that person to the relevant officials.

120

REGULATIONS(SECTION 155)

Minister may make regulations regarding: carrying out of or giving effect to the convention and

transit agreement, powers and duties of Director, qualifications, powers or duties of authorised persons,

inspectors and authorised persons, designation of medical examiners,

121

REGULATIONS(SECTION 155) continued

designation of one or more bodies for the purpose of: exercising control over medical examinations and tests, exercising control over the training courses specified in the

regulations, exercising control over the aviation recreational activities specified

in the regulations, the promotion of aviation safety, or to reduce the risk of aircraft

accidents or aircraft incidents.

the reporting or the investigation of aircraft accidents or incidents,

other aspects giving effect to this Act.

122

CIVIL AVIATION REGULATIONS COMMITTEE (CARCOM)

123

CONSULTATIVE STRUCTURES AND CIVIL AVIATION REGULATIONS COMMITTEE (SECTION 156 AND 157)

The institution of consultative structures by the Civil Aviation Authority for the purposes of the making of regulations in terms of Section 155.

The Director must institute a Civil Aviation Regulations Committee to advise the Minister on proposals with regard to – the introduction of any regulation made in under Section 155.

Members of CARCOM – to include stakeholders.

124

CIVIL AVIATION REGULATIONS SUBCOMMITTEE (SECTION159)

The Civil Aviation Regulations Committee, may with the approval of the Director, establish such subcommittees as it may deem necessary for the performance of its functions.

125

REMUNERATION - CIVIL AVIATION REGULATIONS COMMITTEE (SECTION 160 AND 161)

No remuneration applicable for members of the CARCOM.

All administrative work for CARCOM to be undertaken by employees of the Civil Aviation Authority.

126

EMERGENCY REGULATIONS (SECTION162)

The Director may in the event of any threat, or imminent threat to safety and security to aviation, initiate the promulgation of emergency regulations in order to counter such threat or imminent threat.

Any such regulations issued must not be inconsistent with the provisions of the Constitution or any other law administered by the CAA.

Any emergency regulation must be reconsidered by the CARCOM within 90 days of promulgation – Committee may propose to repeal, vary or amend such regulation.

127

TECHNICAL STANDARDS(SECTION 163)

Director may issue technical standards for civil aviation.

128

TRANSITIONAL PROVISIONS(SECTION 164)

authorisations, certificates, licenses, permissions or registrations issued in terms of an Act repealed by this Act, remains valid for period specified in the authorisation or certificate,

person who occupies a post or serves in a particular capacity continues in the corresponding post or capacity,

person who received an allowance, remuneration or benefit continues to receive such allowance, remuneration or benefit,

power exercised or duty performed by the CEO or the Commissioner for Civil Aviation must be considered as having been exercised or performed by the Director.

129

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MATTERS PENDING UNDER PREVIOUS ACTS(SECTION 165)

promulgation of this Act does not affect any proceedings instituted in terms of the previous Acts administered by the CAA.

130

AMENDMENT AND REPEAL OF LAWS(SECTION 166)

the Laws mentioned in Schedule 1 are amended to the extent set out in the schedule.

131

ACTS BINDING ON STATE(SECTION 167)

this Act binds the State.

132

SHORT TITLE AND COMMENCEMENT(SECTION 168)

this Act is called the Civil Aviation Act, 2008, and comes into operation on a date fixed by the President by Proclamation in the Gazette.

133