Key Benefits:
4. Continuation of Civil Aviation Authority
(1) There shall continue to be a body corporate known as the Civil Aviation Authority of Botswana with a common seal, capable of suing and being sued in its own name and, subject to the provisions of this Act, of performing such acts as a body corporate may by law perform.
(2) All rights, obligations, assets and liabilities which have accrued to the Civil Aviation Authority in terms of the repealed Act shall, upon this Act coming into force, simultaneously pass and accrue to the Authority and be dealt with in terms of this Act.
(3) The assets referred to under subsection (2) shall include assets used in the provision of civil aviation services that were owned by the Government and vested in the Authority under the repealed Act.
(1) The seal of the Authority shall be such device as may be determined by the Authority and shall be kept by the Secretary.
(2) The seal of the Authority shall be authenticated by the signatures of the Chief Executive Officer and the Secretary.
(3) In the absence of the Chief Executive Officer, the person performing the functions of the Chief Executive Officer may authenticate the seal in his or her place and, in the absence of the Secretary, the person performing the functions of the Secretary may authenticate in his or her place.
(4) The Chief Executive Officer may, in writing, delegate to another employee his or her power to authenticate the seal.
(5) The Secretary may, in writing, delegate to another officer his or her power to authenticate the seal.
(6) A document issued by the Authority and sealed with the seal of the Authority which seal is authenticated in the manner provided by this section shall be received and taken to be a true instrument without further proof unless the contrary is shown.
The Authority shall have jurisdiction over-
(a) all foreign aircraft in Botswana;
(b) all Botswana aircraft within or outside Botswana;
(c) all air navigation in Botswana;
(d) all aerodromes in Botswana;
(e) all aspects of air transport services, public transport and aerial work in Botswana;
(f) all aspects of aviation security in Botswana; and
(g) air routes, airways, air carriers, airway facilities and air navigation services in Botswana.
The objective of the Authority is to promote the safe, regular, secure and efficient use and development of civil aviation in Botswana.
8. Functions and powers of Authority
(1) The Authority shall be responsible for the implementation and enforcement of this Act and the regulations made by the Minister under section 89.
(2) The Authority may, with the approval of the Minister, make bye-laws for any purpose connected with its powers, functions and duties under this Act and may impose penalties for breach of any such bye-laws not exceeding P5 000 000, or imprisonment for a term not exceeding 10 years, or to both.
(3) In addition to its functions under subsection (1) the Authority shall be responsible for-
(a) advising the Government on policy matters concerning civil aviation;
(b) advising the Government with regard to international conventions relating to civil aviation and the adoption of measures necessary to give effect to the standards and recommended practices under those conventions;
(c) the licensing of air transport;
(d) the establishment, maintenance, development, operation and ownership of aerodromes;
(e) the provision of air navigation services;
(f) the provision of assistance and information including aeronautical information services;
(g) the co-ordination and direction of search and rescue services;
(h) the registration of aircraft;
(i) the safety regulation of civil aviation;
(j) the control of air traffic;
(k) the certification of operators of aircraft;
(l) the licensing of civil aviation personnel;
(m) the provision of meteorological information to aircraft;
(n) the publication and dissemination of bye-laws, BARs, NOTAM or any other information pertaining to civil aviation;
(o) establishment, development and management of training facilities for the purpose of training employees in subjects necessary for the proper performance of the Authority; and
(p) any other functions that may be conferred on it by the Minister or any other enactment.
9. Borrowing powers of Authority
(1) The Authority may, with the prior written approval of the Minister, borrow funds required for meeting its obligations and for carrying out its functions.
(2) The Authority may borrow temporarily, by way of overdraft or otherwise, sums of money to be paid within a short period, for any urgent requirements of the Authority in the discharge of its functions.
(3) The Authority may raise funds for the discharge of its functions by the issuing of stock, and any interest payable on any stock issued under this subsection shall be a charge upon all property, undertaking and revenue of the Authority.
(4) For purposes of paying any loan under this section and any interest on that loan, the Authority may-
(a) charge the assets, undertakings and revenue of the Authority;
(b) issue debentures and other types of bonds; and
(c) do any other thing necessary to enable the Authority to meet its obligations under that loan.
(5) The Minister for the time being responsible for finance shall, from time to time, prescribe the maximum sum that may be borrowed under this section.
10. Additional powers of Authority
In addition to any other powers conferred on it by this Act, the Authority may-
(a) delegate the performance of its duties and functions to other persons, in accordance with a written contract in this regard, except the powers delegated to it by the Minister under section 14;
(b) establish subsidiaries and enter into such joint ventures, partnerships and other associations with public or private institutions as it may consider necessary to enable it to conduct its affairs, perform its functions and discharge its duties;
(c) enter into contracts, subject to any financial limitation set by the Minister;
(d) acquire, hold, lease out and dispose of all types of assets;
(e) let or hire plant, machinery, equipment or assets acquired or required by the Authority, as the case may be; and
(f) appoint a body or bodies to advise it in relation to the performance of its functions.
The Authority shall perform its functions in accordance with sound commercial and financial principles and shall ensure, as far as possible, that its revenue is sufficient to meet the expenditure properly chargeable to its revenue.
12. Consultation with users and departments
(1) In the performance of its functions and exercise of its powers, the Authority shall, where appropriate, consult with Government, commercial, industrial, consumer and other relevant bodies and organisations.
(2) The Authority shall establish whatever consultative mechanisms it may consider necessary to secure the views of the users of the Authority's facilities and services.
13. International agreements and obligations
(1) The Authority shall perform its functions in a manner consistent with the obligations of Botswana under the Chicago Convention and any other agreement between Botswana and any other country related to aviation safety or the regulation of air transport services.
(2) The Minister shall be the Aeronautical Authority for Botswana for purposes of air services agreements between States.
(3) The Authority shall comply with all international agreements relating to civil aviation, to which Botswana is a party.
(4) The Authority shall advise and assist the Government in its negotiations with other countries in regard to international air services originating, transiting or terminating at Botswana aerodromes and those overflying Botswana.
(5) The Authority shall act as adviser to the Government and assist in its dealings with ICAO, the Commonwealth Air Transport Council, and other similar civil aviation bodies.
14. Directions and delegation by Minister
(1) The Minister may give the Authority written general directions regarding the exercise of its powers and the performance of its functions, which directions shall not be inconsistent with this Act or with the contractual or other legal obligations of the Authority, and the Authority shall give effect to any such directions.
(2) Particulars of any directions referred to in this section shall be published in the Gazette, and included in the annual report of the Authority for the financial year in which they were given.
(3) The Minister may delegate to the Authority any of the responsibilities conferred on him or her under this Act, except the power to make regulations.
