Air Services Licensing Amendment Act 21 of 2008


Government Gazette
REPUBLIC OF SOUTH AFRICA

Vol. 520 Cape Town 27 October 2008 No. 31541
THE PRESIDENCY No. 1143 27 October 2008
It is hereby notified that the President has assented to the following Act, which is hereby published for general information:–
No. 21 of 2008: Air Services Licensing Amendment Act. 2008.

ACT To amend the Air Services Licensing Act, 1990, so as to substitute references to certain obsolete laws; to substitute certain gender-insensitive words; to clarify that the Minister of Transport designates the chairperson and vice-chairperson of the Air Services Council; to provide for a nomination procedure for candidates to be appointed as members of the council; to make further provision for the term of office of members of the council; and, in respect of certain members of the council, to make further provision for one of the grounds of disqualification for membership of the council; and to provide for matters connected therewith.
BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:— Amendment of section 1 of Act 115 of 1990, as amended by Act 15 of 1992, Act 83 of 1995, Act 82 of 1997, Act 98 of 1996 and Act 40 of 1998
1. Section 1 of the Air Services Licensing Act, 1990 (hereinafter referred to as the principal Act), is hereby amended by the substitution for the definition of "resident of the Republic" of the following definition:
" "resident of the Republic' means a person who has his or her ordinary residence [(within the meaning of the expression as it appears in section 10(l)(d) of the South African Citizenship Act, 1949 (Act No. 44 of 1949)),] in the Republic and who is a South African citizen [or is in possession of a permit for permanent residence in the Republic issued in terms of section 4 of the Aliens Act, 1937 (Act No. 1 of 1937)] by virtue of the provisions of the South African Citizenship Act. 1995 (Act No. 88 of 1995);".
Amendment of section 4 of Act 115 of 1990
2. Section 4 of the principal Act is hereby amended— (a) by the substitution in subsection (1) for paragraphs (a) and (b) of the following
paragraphs, respectively: "(a) [a chairman] a chairperson, designated as such by the Minister; (b) [a vice-chairman] a vice-chairperson, designated as such by the
Minister; and"; and

Act No. 21, 2008 AIR SERVICES LICENSING AMENDMENT ACT. 2008
(b) by the insertion after subsection (1) of the following subsection: "(1A) For the purposes of the appointment of the members of the
council contemplated in subsection (1) the Minister must, through the media, invite nominations of persons who comply with the requirements referred to in that subsection and who are not disqualified by virtue of section 6(1) as candidates for such appointment.";
(c) by the substitution for subsection (2) of the following subsection: "(2) The Minister [may] must, in appointing the members of the
council, [in his discretion] consult with representatives of consumers of air services and representatives of the organized commerce, industry, transport and aviation sectors and organized labour.": and
(d) by the insertion after subsection (2) of the following subsection: "(2A) Despite section 6(1 )(c), the Minister may appoint an employee
of the department as the chairperson of the council.".
Substitution of section 5 of Act 115 of 1990
3. The following section is hereby substituted for section 5 of the principal Act:
'Term of office
5. A member of the council shall hold office for a period [not exceeding] of three years[: Provided that a member] and shall be eligible for re-appointment [at the expiry of his term of office] for further periods not exceeding three years at a lime.".
Amendment of section 6 of Act 115 of 1990
4. Section 6 of the principal Act is hereby amended by the substitution in subsection (1) for paragraph (c) of the following paragraph:
"(c) is an [officer or] employee as defined in [section 1 of the Public Service Act, 1984 (Act No. 1ll of 1984) section 1 of the Public Service Act, 1994 (Proclamation No. 103 of 1994); or".
Substitution of certain words in Act 115 of 1990
5. The principal Act is hereby amended— (a) by the substitution for the words "he", "h is" and "him", wherever they occur
in section 4(2) and (3), section 5, section 6(1), (2), (3) and (4), section 8(2), (4) and (5), section 10(2). section 11(1) and (3). section 15(5)(a), section 26(1)(g) and section 28(1), of the words "he or she", "his or her" and "him or her", respectively;
(b) by the substitution for the word "he" , wherever it occurs in section 16(4)(c), of the words "the applicant";
(c) by the substitution for the words "his" and "he" , wherever they occur in section 19(a) and (b), of the words "the licensee's" and "the licensee", respectively;
(d) by the substitution for the word "he" , wherever it occurs in section 20(3)(b), of the words "that person";
(e) by the substitution for the word "him", wherever it occurs in section 25(1 )(a), of the words "that person"; and
(f) by the substitution for the words "chairman" and "vice-chairman", wherever they occur in section 4(3), section 8(1), (2) and (7), section 11(1), section 16(3)(a)(ii) and section 27(d), of the words "chairperson" and "vice- chairperson", respectively.
Short title
6. This Act is called the Air Services Licensing Amendment Act, 2008.