CIVIL AVIATION BILL
[B 73B - 2008]
1
BACKGROUND
 compliance with International Civil Aviation Organisation
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(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:
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Aviation Act, 1962,
Civil Aviation Offences Act, 1972,
South African Civil Aviation Authority Act, 1998.
2
CIVIL AVIATION BILL B73B-2008
(SECTION 1)
 Provides Definitions
3
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.
4
APPLICATION OF ACT
(SECTION 2) continued
 Act, Convention and Transit Agreement do not
apply to:
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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.
5
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
6
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.
7
ENACTMENT OF CONVENTION AND TRANSIT
AGREEMENT
(SECTION 5)
 Convention and Transit Agreement have, subject
to this Act, force of law in the Republic.
8
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.
9
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.
10
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.
11
Aviation Safety Investigation
Board (ASIB)
12
APPLICATION OF CHAPTER
(SECTION 9)
√
Chapter applies to aircraft accidents and aircraft incidents:
 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.
13
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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14
JURISDICTION
(SECTION 12)
√
 ASIB may, to achieve its objectives or if requested by the
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
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
15
before commencement of this Act.
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.
16
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.
17
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.
18
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
19
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
20
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.
21
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
22
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
23
DUTIES OF MEMBERS OF ASIB
(SECTION 25)
√
 Make Rules regarding conduct of business
 Establish policies with regards to classes of aircraft
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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.
24
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.
25
AGREEMENTS BETWEEN ASIB AND THE
DIRECTOR (SECTION 27)
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√
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.
26
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
27
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.
28
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,
29
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.
30
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,
31
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.
32
SEARCH AND SEIZURE BY INVESTIGATORS
√
(SECTION 34)
 Investigator may, only in execution of section 34:
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
search and seize any property or item,
enter and search a place for any item and secure
the safekeeping of the item seized.
33
POWER TO TEST ITEMS SEIZED, RETURN THEREOF,
CERTIFICATE, PUBLIC INQUIRY
√
(SECTIONS 35, 36, 37 AND 38)
 the investigator may cause tests, including the destruction
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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.
34
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.
35
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.
36
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.
37
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,
38
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.
39
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:
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
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.
40
DELEGATION OF POWERS
(SECTION 46)
√
 ASIB may delegate powers or duties, except
power to make rules and recommendations
41
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 onboard recording to be given if in public interest, or if proper
administration of justice outweighs privilege attached to
such recording.
42
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.
43
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.
44
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.
45
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
46
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.
47
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.
48
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.
49
CIVIL AVIATION AUTHORITY
(CAA)
50
ESTABLISHMENT AND OBJECTS
(SECTIONS 71 AND 72)
√
 CAA is a juristic person,
 objects of CAA,

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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.
51
FUNCTIONS OF CAA
(SECTION 73)
√
 CAA conducts safety and security oversight of civil
aviation by:
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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.
52
FUNCTIONS
(SECTION 73) continued
√
 safety and security related functions:

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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.
53
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.
54
CIVIL AVIATION AUTHORITY
BOARD (CAA BOARD)
55
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.
56
RESPONSIBLITIES
(SECTION 76)
√
 To determine, oversee and revise the corporate governance

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
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.
57
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,
58
 Director of CAA is a Member of the Board
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.
59
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.
60
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
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,
62
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.
63
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.
64
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
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
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
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
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
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
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
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.
73
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.
75
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
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
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
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
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
80
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
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
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
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
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
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.
88
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
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
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
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
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
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
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
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
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
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
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
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