South African Aviation Authority Act [No. 40 of 1998]
GOVERNMENT GAZETTE
STAATSKOERANT
VAN DIE REPUBLIEK VAN SUID-AFRIKA
CAPE TOWN. -1 SEPT[{MBER 1998 vol . 399 No. 19212
KAAPSTAD. 4 SEPTE\l BER 1998
OFFICE OF THE PRESIDENT KANTOOR VAN DIE PRESIDENT
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N(). 1 I 19. 4 Septcmbe[- 1998 I No. 1 I 19. -1 September 1998
ACT To provide for the establishment of a South African Civil Aviation Authority; for the transfer of certain functions of the State to the Authority; and for matters connected therewith.
BE IT ENACTED by the Parliament of the Republic of South Africa, as follows: CONTENTS OFACT
Part A: Definitions
1. Definitions
Part B: Establishment
2. Establishment of Authority
Part C: Objects
3. Objects of Authority
Part D: Functions
4. Functions of Authority 5. Performance agreement 6. Ministerial orders 7. Consultation
Part E: General Management
8. Composition of Board 9. Period and conditions of office 10. Remuneration of appointed members 11. Chief Executive Officer 12. Staff of Authority
Part F: Financial Management
13. Assets and liabilities and officers of Department 14. Funding of Authority 15. Business and financial plan 16. Application of Reporting by Public Entities Act 17. Annual report
Part G: General
18. Restriction on use of name 19. Limitation of liability 20. Failure of Authority to comply with provisions 21. Legal rights 22. Regulations 23. Interim arrangements
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24. Amendment of laws 25. Transitional provisions 26. Short title and commencement
Schedule 1 Schedule 2
Part A: Definitions
Definitions
1. In this Act, unless the context indicates otherwise— (i) ‘‘Authority’’ means the South African Civil Aviation Authority contemplated in
section 2; (xi) (ii) ‘‘appointed member’’ means a member of the Board appointed by the Minister
in terms of section 8(2)(a); (i) (iii) ‘‘Board’’ means the Board contemplated in section 8(1); (xiii) (iv) ‘‘Chief Executive Officer’’means the person appointed in terms of section 11(1);
(vii) (v) ‘‘Department’’ means the Department of Transport in the national sphere of
government; (v) (vi) ‘‘financial year’’, in relation to the Authority, means a period beginning on 1
April of a specific year and ending on 31 March of the following year; (ii) (vii) ‘‘Minister’’ means the Minister of Transport in the national sphere of
government; (viii) (viii) ‘‘Minister of Finance’’ means the Minister of Finance in the national sphere of
government; (ix) (ix) ‘‘Minister of Public Works’’ means the Minister of Public Works in the national
sphere of government; (x) (x) ‘‘participant’’ means any person who participates in or who renders services to
the aviation industry or aviation in general; (iv) (xi) ‘‘political office bearer’’ means a member of Parliament, a member of a
provincial legislature, a diplomatic representative of the Republic who is not an officer of the State in terms of the Public Service Act, 1994 (Proclamation No. 103 of 1994), a member of a municipal council, a member of a house or council of traditional leaders, a member of the Volkstaat Council or any paid official of a political party, alliance or movement; (xii)
(xii) ‘‘prescribed’’ means prescribed by regulation; (xv) (xiii) ‘‘regulation’’ means a regulation made under section 22; (xiv) (xiv) ‘‘this Act’’ includes the regulations; (vi) (xv) ‘‘transfer date’’ means the date on which the Minister gives effect to the
provisions of section 13(2), and which the Minister must publish by notice in the Gazetteat least 14 days prior to that date. (iii)
Part B: Establishment
Establishment of Authority
2. The South African Civil Aviation Authority is hereby established as a juristic person.
Part C: Objects
Objects of Authority
3. The objects of the Authority are to control and regulate civil aviation in the Republic and to oversee the functioning and development of the civil aviation industry, and, in particular, to control, regulate and promote civil aviation safety and security.
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Part D: Functions
Functions of Authority
4. (1) The functions of the Authority are to— (a) administer the laws referred to in subsection (2); (b) recommend to the Minister the introduction or amendment of civil aviation
safety and security legislation; (c) make recommendations to the Minister in respect of the conclusion of any
international agreement with another state, government or international organisation, which appears to be consistent with the Authority’s objects mentioned in section 3;
(d) perform any other functions as are conferred on it by or under any other law; (e) execute an order issued in terms of section 6; and (f) perform functions incidental to any of the previously mentioned functions.
(2) The administration of the laws mentioned in Schedule 1, as amended in accordance with the provisions of the third column thereof, is transferred to the Authority. (3) The Authority may perform its functions both within and outside the Republic. (4) The Authority must perform its functions in a manner consistent with— (a) the objects mentioned in section 3; and (b) the obligations of the Republic under—
(i) any international agreement which is binding on the Republic; and (ii) customary international law binding on the Republic by virtue of
section 232 of the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996).
(5) The Authority must not discriminate unreasonably against or among various participants or categories of participants in civil aviation safety and security.
Performance agreement
5. (1) TheMinister and theAuthority must enter into a written performance agreement relating to—
(a) the State’s requirements in respect of the Authority’s scope of business, efficiency and financial performance, and achievement of objectives;
(b) the principles to be followed by the Authority for purposes of business planning;
(c) such measures which are necessary to protect the financial soundness of the Authority;
(d) the principles to be followed at the end of a financial year in respect of any surplus in the accounts of the Authority; and
(e) any other matter relating to the performance of theAuthority’s functions under this Act.
(2) TheMinister and theAuthority may in writing amend the performance agreement from time to time. (3) The Minister must publish the performance agreement in theGazetteand any
amendment thereto must be so published at least 30 days prior to that amendment coming into operation. (4) A copy of the performance agreement must be open to inspection by the public at
the head office of the Authority during business hours. (5) The Minister and the Authority must, before the finalisation of the performance
agreement or amendment thereof, on anymatter whichmay affect them, consult with the relevant stakeholders in the civil aviation industry. (6) Failure by the Authority to comply with any provision of the performance
agreement does not affect the validity or enforceability of any agreement entered into, or any right, obligation or liability, acquired or incurred by the Authority.
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Ministerial order
6. (1) The Minister may after consultation with theAuthority in writing issue an order in respect of aviation matters requiring the Authority to do or not to do what is mentioned in the order, if the Minister considers it necessary so to order—
(a) in the interests of aviation safety and security; or (b) to discharge or facilitate the discharge of an international obligation of the
State. (2) Any order issued in terms of subsection (1) may not be inconsistent with the
provisions of any law administered by the Authority. (3) The Authority must take all the necessary steps to give effect to an order issued
under subsection (1). (4) The Minister must, in concurrence with the Minister of Finance, out of monies
appropriated by Parliament, compensate the Authority for any cost or other expense which is a direct result of any order issued by the Minister in terms of subsection (1) and which the Authority cannot readily recover from participants in civil aviation or any other person who has benefited from any action taken by the Authority in complying with that order. (5) The Minister must cause a copy of every order issued in terms of subsection (1)
to be tabled in Parliament within 14 days of issuing of that order, or, if Parliament is not then in session, within 14 days after the commencement of its next ensuing session. (6) A copy of any order issued in terms of subsection (1) must be open to inspection
by the public at the head office of the Authority during business hours.
Consultation
7.Without detracting from the provisions of section 5(5), the Authority must in the performance of its functions endeavour to consult with relevant persons, bodies and organisations.
Part E: General Management
Composition of Board
8. (1) The Authority is governed and controlled by a Board in accordance with this Act. (2) The Board consists of— (a) not more than seven members, appointed by the Minister, of whom—
(i) one must be the non-executive chairperson; (ii) at least two must represent participants in civil aviation; and (iii) at least two must have special knowledge of or experience in matters
relating to the functions of the Authority; and (b) the Chief Executive Officer.
(3) The members of the Board contemplated in paragraph( ) of subsection (2) are part-time members of the Board. (4) (a)The majority of the members of the Board must not be in the full-time service
of the State. (b) Members of the Board must be citizens of the Republic. (5) Every member of the Board must within 14 days of his or her appointment to the
Board submit a written statement to the Minister declaring that he or she at the time of his or her appointment is not disqualified in terms of the criteria contemplated in paragraphs(c), (d) and(e) of section 9(3) to be appointed as a member of the Board. (6) The members contemplated in paragraph(a) of subsection (2) must be appointed
only after— (a) the Minister has by notice in theGazetteand the media invited interested
parties to nominate persons suitable for appointment; (b) the Minister has submitted a list of at least 15 suitable candidates to the
relevant committees of Parliament, unless fewer than 15 nominations are received, in which case the Minister must submit all nominations received to the relevant committees of Parliament; and
(c) the relevant committees of Parliament have submitted a shortlist of at least ten candidates to the Minister after considering persons so nominated, having due
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regard to the functions of the Authority and the provisions of paragraphs(c), (d) and(e) of section 9(3).
Period and conditions of office
9. (1) An appointed member of the Board holds his or her office for a period, not exceeding five years, on the conditions the Minister determines upon that member’s appointment, and that member may be re-appointed at the expiry of his or her first term of office: Provided that in respect of a re-appointment, the procedure contemplated in section 8(6) does not apply. (2) An appointed member may in writing tender his or her resignation as a member
to the Minister and vacates his or her office on the date of that resignation coming into effect, as specified in that resignation: Provided that if no such date is specified in that resignation, that resignation comes into operation immediately. (3) An appointed member vacates his or her office immediately if he or she— (a) is convicted—
(i) whether in the Republic or elsewhere of theft, fraud, forgery or uttering a forged document, perjury or any offence involving dishonesty; or
(ii) of any offence in terms of the Corruption Act, 1992 (Act No. 94 of 1992), the Companies Act, 1973, or of contravening this Act;
(b) without authorisation discloses or improperly acts on information gained as a result of his or her membership of the Board;
(c) is or becomes a political office bearer; (d) is or becomes an unrehabilitated insolvent or commits an act of insolvency; (e) is or has at any time been removed from an office of trust on account of
misconduct; or (f) is relieved of his or her office under subsection (5).
(4) If a member of the Board, or his or her spouse, immediate family member, life partner or business associate, has any direct or indirect financial interest in any matter to be dealt with at any meeting of the Board, that member—
(a) must immediately after that interest has come to his or her attention, disclose that interest and the extent thereof in writing to the chairperson, who must table that statement at the beginning of the next meeting of the Board;
(b) may not attend any portion of a meeting of the Board during the consideration of that matter by the Board;
(c) may not in anymanner take part as amember of the Board in the consideration of that matter by the Board; and
(d) may not in anymanner endeavour to influence the opinion or vote of any other member of the Board in connection with that matter.
(5) The Minister must immediately relieve any appointed member if that member has—
(a) failed to immediately vacate his or her office in terms of subsection (3); (b) failed to comply with subsection (4); (c) failed to attend three consecutive meetings of the Board without prior leave of
the Board as noted in the minutes of those meetings; (d) been unable to perform his or her functions of office effectively due to
continued serious ill-health; (e) been convicted of an offence during his or her term of office and sentenced to
a period of imprisonment without the option of a fine by a court; or (f) become of unsound mind.
(6) The Minister may relieve the appointed members of the Board of their office if— (a) the Authority has failed to substantially comply with an order issued by the
Minister in terms of sections 6(1) or 20(4) or with the performance agreement entered into in terms of section 5(1);
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(b) (i) the Minister has in writing individually notified every appointed member of the Board of such failure and the nature of such failure;
(ii) the Minister has afforded the Board a reasonable opportunity to make a written submission to him or her in respect of the notification contemplated in subparagraph (i);
(iii) after consideration of the submission contemplated in subparagraph (ii) and if such submission does not satisfactorily address the failure specified in the Minister’s notification contemplated in subparagraph (i), the Minister has afforded the Board a reasonable opportunity to rectify that failure; and
(iv) all appointed members of the Board are relieved of their office on the same date and on the same conditions; and
(c) the Minister has within seven days of issuing the notification contemplated in paragraph(b)(i) tabled a copy thereof in Parliament, or, if Parliament is not then in session, has published a copy of that notification in theGazette.
(7) If an appointed member dies or vacates his or her office before the expiry of the period for which he or she was appointed, theMinister may appoint another person to fill the vacancy for the remaining portion of the period for which that member was appointed, but the procedure contemplated in section 8(6) does not apply in respect of an appointment in terms of this subsection.
Remuneration of appointed members
10. (1) Subject to the provisions of subsection (2), an appointed member receives from the Authority such remuneration and allowances as may be determined by the Minister in consultation with the Minister of Finance and after consultation with relevant stakeholders in the civil aviation industry. (2) An appointed member who is in the full-time service of the State is not, in respect
of the duties performed by him or her as a member, paid any remuneration in addition to his or her remuneration as an officer of the State, nor is he or she paid any allowance in respect of subsistence and transport at a rate higher than that applicable to him or her as such an officer.
Chief Executive Officer
11.(1) (a)TheMinister appoints the first Chief Executive Officer of theAuthority and thereafter the appointed members of the Board appoint the Chief Executive Officer of the Authority. (b) The Chief Executive Officer may be reappointed at the expiry of his or her term
of office. (2) The Chief Executive Officer holds his or her office for a period, not exceeding five
years, on the conditions, including conditions providing for remuneration and allowances, as the Minister or the Board, as the case may be, determines upon his or her appointment. (3) The Chief Executive Officer manages the Authority subject to the control and
directions of the Board and in accordance with this Act and any other Act administered by the Authority. (4) The Chief Executive Officer has the powers and must perform the duties
conferred or imposed upon him or her by or in terms of this Act, and any other Act administered by theAuthority and such powers and duties whichmay be assigned to him or her by the Board. (5) (a) The Chief Executive Officer may not engage in any other paid employment
and may not participate in any activity in respect of which he or she is in any way remunerated or receives any benefits or allowances without prior written approval of the Board. (b) The Chief Executive Officer or his or her spouse, immediate family member, life
partner or business associate, may not hold any direct or indirect financial interest in any civil aviation activity or the civil aviation industry— (i) without prior approval of the Board; and (ii) unless the minutes of the meeting of the Board reflecting such approval are open
to inspection by the public at the head office of the Authority during business hours.
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Staff of Authority
12. (1) The Chief Executive Officer may on such conditions as the Board determines appoint such employees as are necessary to enable theAuthority to properly carry out its functions. (2) TheAuthority pays its employees out of its funds such remuneration, allowances,
subsidies and other benefits as the Board determines. (3) The Minister may after consultation with the Authority and the Public Service
Commission and with the written consent of an officer in the employ of the Department second that officer to the Authority or make available the services of that officer to the Authority.
Part F: Financial Management
Assets and liabilities and officers of Department
13. (1) The Minister must as soon as possible after the commencement of this Act conclude an agreement with the Authority which provides for—
(a) the extent of the assets, liabilities, rights and obligations to be transferred to the Authority in terms of subsection (2);
(b) in respect of any officer of the Department who wishes to leave the employ of the Department in order to be permanently employed by the Authority, the minimum terms and conditions— (i) upon which that officer may leave the employ of the Department; and (ii) upon which that officer may be employed by the Authority; and
(c) any other matter which the Minister deems necessary or desirable for the proper functioning of the Authority.
(2) The Minister must in consultation with the Minister of Finance and after consultation with the Minister of Public Works and in accordance with the agreement contemplated in subsection (1) transfer to the Authority such assets owned by, or liabilities, rights or obligations of, the State as may be necessary for achieving the objects of the Authority. (3) A registrar as defined in section 102 of the Deeds Registries Act, 1937 (Act No.
47 of 1937), on submission of a certificate by the Minister which stipulates that a right registerable in a deeds office in respect of an asset has been transferred under subsection (2), makes free of charge such entries and endorsements as he or she deems necessary in any appropriate register, title deed or other document in order to register the transfer in the name of the Authority. (4) TheAuthority must be substituted for the State as a contracting party in respect of
any contract transferred to the Authority in terms of subsection (2), without the substitution bringing about novation of such contract. (5) Any litigation resulting from any cause of action in relation to any movable asset,
liability, right or obligation transferred to theAuthority in terms of subsection (2) which arose—
(a) before the transfer date, must be conducted by or against the State, as the case may be; and
(b) on or after the transfer date, must be conducted by or against theAuthority, as the case may be.
(6) Despite any provision to the contrary in any other law, the Authority is exempt from any stamp duties, transfer duties or registration fees payable in terms of any law in relation to the transfer of assets under subsection (2).
Funding of Authority
14. (1) The Authority is funded from— (a) prescribed civil aviation regulatory charges; (b) prescribed levies on aircraft passengers and participants; (c) interest on invested cash balances; (d) loans granted in terms of subsection (2); (e) money received from any other source; (f) money received from the development and management of its assets;
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(g) any other money received in terms of the South African Civil Aviation Authority Levies Act, 1998, or in terms of or for the purposes of this Act or any other civil aviation legislation, including the income derived from the fees contemplated in section 22(1)l) of the Aviation Act, 1962;
(h) prescribed levies on the supply of aircraft fuel; and (i) monies appropriated by Parliament.
(2) The Authority may with the approval of the Minister of Finance raise money by way of loans. (3) The Authority may in consultation with the Minister of Finance establish a
structure which must provide that all fines paid in respect of any offence provided for in any legislation administered by the Authority be utilised by the Authority in respect of any civil aviation safety and security investigation.
Business and financial plan
15. (1) The Authority must by 31 December of each year submit to the Minister a business and financial plan in respect of the ensuing financial year and each of the four immediately following financial years, containing the information, taking into account the terms of the performance agreement contemplated in section 5, as the Minister or the Minister of Finance may require. (2) The structure of the business and financial plan, the procedure for approval by the
Minister and consultation requirements in respect of that plan must be contained in the performance agreement contemplated in section 5.
Application of Reporting by Public Entities Act
16.The provisions of the Reporting by Public EntitiesAct, 1992 (Act No. 93 of 1992), apply to the Authority.
Annual report
17. (1) The Authority must within three months of the end of each financial year submit to the Minister an annual report pertaining to the financial state of affairs and business of the Authority as at the end of the immediately preceding financial year, consisting of—
(a) a balance sheet, an income statement and a cash-flow statement which is a true and correct reflection of the state of affairs of theAuthority as at the end of that financial year;
(b) a report by the Authority in accordance with the provisions of subsection (2); (c) a report by the auditor of the Authority in accordance with the provisions of
subsection (3); and (d) any other statement or report which the Minister or the Minister of Finance
may require. (2) The report of the Authority referred to in subsection (1)(b) must deal with the
state of affairs, the activities and operations, and the financial position of the Authority, and must—
(a) state the extent to which theAuthority has achieved or advanced its objectives during the financial year concerned and specifically the detailed objectives of the business and financial plan;
(b) contain relevant performance information regarding the economic, efficient and effective application of resources and specifically a comparison between planned and actual performance indicators as set out in the business and financial plan; and
(c) indicate the amount of money, if any, received from the State and any other commitment furnished by the State.
(3) The auditor’s report referred to in subsection (1)(c) must state separately in respect of each of the following matters whether in the auditor’s opinion—
(a) the balance sheet, income statement and cash-flow statement, as well as any other furnished information, fairly represent the financial position and results obtained by the Authority in accordance with generally accepted accounting practice, as applied on a basis consistent with that of the preceding year;
(b) the information furnished in terms of paragraph(a) is fair in all material
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respects and, if applicable, on a basis consistent with that of the preceding year;
(c) the transactions of the Authority that had come to the auditor’s notice in the course of his or her examination were made in accordance with this Act, the Reporting by Public Entities Act, 1992, and any applicable directives or regulations made thereunder;
(d) the transactions that had come to his or her attention during auditing were in all material respects in accordance with the objects and functions of the Authority;
(e) there are adequate measures and procedures for the proper application of sound economic, efficient and effective management; and
(f) attention should be drawn to any other matter falling within the scope of the auditor’s examination which, in his or her opinion, should in the public interest be brought to the notice of the Minister and Parliament.
(4) The Minister must cause copies of the financial report submitted to him or her in terms of subsection (1) to be tabled in Parliament within 14 days of receipt of that report, or, if Parliament is not then in session, within 14 days after commencement of its next ensuing session. (5) A copy of the financial report submitted to the Minister in terms of subsection (1)
must be open to inspection by the public at the head office of the Authority during business hours.
Part G: General
Restriction on use of name
18.(1) No person may under a name containing the words ‘‘Civil AviationAuthority’’ or the translation thereof in any other official language—
(a) conduct his, her or its affairs or business or carry on his, her or its occupation or trade;
(b) be registered or licensed under any law; or (c) falsely claim to be acting on behalf of the Authority.
(2) Any person who contravenes a provision of subsection (1) is guilty of an offence and liable on conviction to a fine or imprisonment, or to both a fine and imprisonment.
Limitation of liability
19.No person, including the State, is liable in respect of anything done or omitted in good faith in the exercise of a power or the performance of a duty in terms of or by virtue of this Act, or in respect of anything that may result therefrom.
Failure of Authority to comply with provisions
20. (1) Any person who is directly affected by the failure of the Authority to comply with the provisions of section 4(5), may lodge a complaint with the Minister. (2) A complaint lodged under subsection (1) must consist of a statement made under
oath or a solemn declaration which details the nature and contents of the alleged failure. (3) The Minister— (a) must notify the Authority of that complaint and must investigate any
complaint lodged in terms of subsection (1) and in accordance with subsection (2) if the allegations contained in that complaint constitute aprima faciecase of failure to comply with section 4(5); and
(b) may after notifying the Authority of his or her intention to do so, investigate any allegation of failure to comply with section 4(5) if he or she deems it necessary to do so.
(4) If the Minister subsequent to an investigation contemplated in subsection (3) is of the opinion that theAuthority has failed or continues to fail to comply with section 4(5), the Minister—
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(a) must in writing direct the Authority to comply with section 4(5) within a reasonable period of time; and
(b) may in writing direct theAuthority to pay full or partial compensation for any monetary loss sustained by the person who has lodged the complaint.
(5) The Minister may not act under subsection (4)(a) or (b) unless he or she has— (a) notified the Authority in writing of his or her intention to act in terms of that
subsection and has informed the Authority of all the relevant facts pertaining to the complaint lodged in terms of subsection (1); and
(b) afforded the Authority the opportunity to make representations to him or her in respect of the failure to comply with section 4(5) within a reasonable period of time.
Legal rights
21.(1) Any person who is affected by a decision of the Chief Executive Officer or any other employee of theAuthority taken in terms of or by virtue of this Act and other laws administered by the Authority must exercise his, her or its legal rights in respect of that decision in terms of the rules of the High Court having jurisdiction, within 30 days after he, she or it became aware of that decision, or within such further period as that Court may allow on good cause shown. (2) The Court referred to in subsection (1) may— (a) confirm, vary or set aside the relevant decision of the Chief Executive Officer
or that employee, as the case may be; (b) give such other decision as the Chief Executive Officer or that employee, as
the case may be, was able to give; or (c) remit the case to the Chief Executive Officer or that employee, as the casemay
be, with the instructions it may deem fit. (3) The Court referred to in subsection (1) may issue any order regarding costs which
it deems fair under the circumstances. (4) Adecision given by the Court in terms of subsection (2) must, for purposes of the
laws contemplated in subsection (1), be deemed to be a decision of the Chief Executive Officer or of that employee, as the case may be.
Regulations
22.(1) The Minister may, subject to subsection (3), make regulations after consulting with the Authority regarding—
(a) any matter which in terms of thisAct is permitted or required to be prescribed; (b) any other matter the regulation of which may be necessary in order to achieve
or promote the objects of this Act; and (c) any monies that may be charged by the Authority on—
(i) participants in civil aviation; and (ii) aircraft passengers.
(2) A regulation may provide for such incidental, supplementary or transitional matters as may be necessary. (3) Any regulation— (a) only comes into operation 30 days after publication in theGazette; and (b) must be tabled in Parliament by the Minister within 14 days of publication as
contemplated in paragraph(a) of this subsection, or, if Parliament is not then in session, at the commencement of its next ensuing session.
Interim arrangements
23. (1) Despite any provision to the contrary in any other law, the Minister may, during the period from the date on which this section comes into operation to the transfer
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date and in consultation with the Minister of Finance, take the steps or authorise anything to be done which may be necessary to promote—
(a) the transfer to the Authority of the assets, liabilities, rights or obligations contemplated in section 13(2), the secondment or making available of an officer of the Department contemplated in section 12(3) or the employment by the Authority of an officer of the Department as contemplated in section 13(1)(b); and
(b) the commercialisation and setting up of business units in respect of functions related to the South African civil aviation safety and security system prior to the commencement by the Authority of the performance of its functions.
(2) The Minister must during the period from the date on which this section comes into operation to 31 March 1999 by notice in theGazettedetermine which of the functions contemplated in section 4 are to be carried out by the Authority as from the date of that notice: Provided that all functions contemplated in section 4 must be carried out by the Authority as from 1 April 1999.
Amendment of laws
24.The laws mentioned in Schedule 2 are hereby amended to the extent indicated in the third column of that Schedule.
Transitional provisions
25. (1) Anything done or omitted in terms of or by virtue of any provision of a law mentioned in Schedules 1 and 2 must, unless clearly inappropriate, be deemed to have been done or omitted, as the casemay be, under, in terms of or by virtue of that provision as substituted or amended according to the provisions in the third column of those Schedules. (2) Any act relating to administration contemplated in section 4(2) which has been
performed by the Minister, in terms of or by virtue of a provision of a law substituted or amended by a provision mentioned in the third columns of Schedules 1 and 2, must be deemed to have been performed by the Authority.
Short title and commencement
26.ThisAct is called the SouthAfrican CivilAviationAuthorityAct, 1998, and comes into operation on a date fixed by the President by proclamation in theGazette.
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SCHEDULE 1
LAWS IN RESPECT OFWHICH THE ADMINISTRATION IS TRANSFERRED AND AMENDMENTS THEREOF
(Section 4(2))
No. and year of Law Short title Extent of amendments Act No. 74 of 1962 Aviation Act, 1962 1. The amendment of section 1—
(a) by the insertion after the definition of ‘‘air- port’’ of the following definition: ‘‘ ‘Authority’ means the Authority as de- fined in section 1 of the South African Civil Aviation Authority Act, 1998;’’;
(b) by the substitution for the definition of ‘‘au- thorized officer’’ of the following definition: ‘‘ ‘authorized officer’ means an officer des- ignated in terms of section 5(4)(a);’’;
(c) by the insertion of the definition of ‘‘authorised person’’ after the definition of ‘‘authorized officer’’: ‘‘ ‘authorised person’ means an authorised person designated in terms of section 5(4)’’; and
(d) by the substitution for the definition of ‘‘in- spector’’ of the following definition: ‘‘ ‘inspector’ means a person designated in terms of section 5(4);’’.
2. The substitution for section 5 of the following section:
‘‘Appointment of Commissioner and designa- tion and powers of certain officers
5. (1) The Minister shall appoint an employee of the Authority as Commissioner for Civil Aviation. (2) The Commissioner shall not, in respect of
the functions performed by him or her as Commissioner, be paid any remuneration in addition to his or her remuneration as an em- ployee of the Authority, nor shall he or she be paid any allowance in respect of subsistence and transport at a rate higher than that applicable to him or her as such an employee. (3) The Commissioner shall—
(a) hold office on such conditions as the Minis- ter may determine whenmaking the appoint- ment; and
(b) vacate his or her office if— (i) he or she resigns by notice in writing
addressed to the Minister; (ii) the Minister removes him or her from
office because he or she has in the opinion of the Minister failed to comply with any condition of his or her appoint- ment, been guilty of improper conduct or neglected his or her duties as Com- missioner or is unable to perform his or her duties as Commissioner.
(4) The Commissioner may designate one or more—
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No. and year of Law Short title Extent of amendments (a) persons in the service of the Authority as
inspectors or authorised officers; and
(b) persons who are not in the service of the Authority as inspectors or authorised per- sons,
whose qualifications, powers and duties shall be as prescribed. (5) For purposes of monitoring compliance
with any legislation administered by the Author- ity, a person referred to in subsection (4) may enter into any aircraft or premises, search any such aircraft or premises, examine any object, make copies of or take extracts from any book or document or seize anything. (6) For purposes of gathering evidence with
the view to prosecuting any person for a contra- vention of any legislation administered by the Authority, a person referred to in subsection (4) shall not exercise any power to enter any aircraft or premises, search any aircraft or premises, examine any object, make copies of or take extracts from any book or document, or seize anything unless such person has obtained a warrant permitting any such action from a judge of the High Court or a magistrate who has jurisdiction in the area where the aircraft or premises are situated, and such warrant shall only be issued if it appears from information on oath that there are reasonable grounds for believ- ing that an article or thing is upon or in such aircraft or premises, and should specify which of the acts mentioned in this subsection may be performed thereunder by the person to whom it is issued. (7) A warrant contemplated in subsection (6)
shall only be issued if it appears to the judge or magistrate from information on oath that there are reasonable grounds for believing that an exercise of a power referred to in that subsection is necessary for the purpose of appropriate and applicable law enforcement. (8) A warrant may be issued on any day and
shall be in force until— (a) it has been executed; (b) it is cancelled by the person who issued it, or,
if such person is not available, by any person with similar authority; or
(c) the expiry of one month from the date of its issue.
(9) (a)Any person who acts on the authority of a warrant may use such force as may be reasonably necessary to overcome any resistance against the entry and search, including the breaking of any door or window: Provided that such person shall first audibly demand admission and state the purpose for which he or she seeks entry.
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No. and year of Law Short title Extent of amendments (b) The proviso to paragraph(a) shall not
apply where the person concerned is on reason- able grounds of the opinion that any object, book or document which is the subject of the search may be destroyed, tampered with or disposed of if the provisions of the said proviso are first complied with. (10) A warrant issued in terms of this section
shall be executed by day unless the person who issued it authorises the execution thereof by night at times which in the circumstances are reasonable. (11) Any person executing a warrant in terms
of this section shall immediately before com- mencing with the execution— (a) identify himself or herself to the person in
control of the premises, if such person is present, and hand to such person a copy of the warrant or, if such person is not present, affix such copy in a prominent place on the premises; and
(b) supply such person at his or her request with particulars regarding his or her authority to execute such warrant.’’.
3. The amendment of section 21(1) by the substitu- tion for subsection (1) of the following subsection:
‘‘(1) Subject to the provisions of the South African Civil Aviation Authority Act, 1998, all expenditure incurred in the administration of this Act and the carrying out and giving effect to the provisions of the Convention and the Transit Agreement shall be defrayed out of moneys appropriated by Parliament for that purpose.’’.
4. The deletion of subsection (2) of section 21; 5. The amendment of section 22A by the substitu- tion in subsection (5) for the words ‘‘An officer in the department’’ of the words ‘‘A person in the service of the Authority’’.
Act No. 10 of 1972 Civil Aviation Offences Act, 1972
1. The amendment of section 1— (a) by the insertion after the definition of ‘‘airport
manager’’ of the following definition: ‘‘ ‘Authority’ means the Authority as de- fined in section 1 of the South African Civil Aviation Authority Act, 1998;’’ and
(b) by the insertion of paragraph(d) of the definition of ‘‘authorized person’’ of the fol- lowing paragraph: ‘‘ (e) any other person appointed in writing by
theAuthority as an authorised person for the purposes of this Act;’’.
2. The amendment of section 2B by the substitution of paragraph(a) of subsection (2) of the following paragraph: ‘‘ (a) an employee of the State, or a person in the
service of the Authority or of the com- pany;’’.
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No. and year of Law Short title Extent of amendments 3. The amendment of section 2L by the substitution in subsection (1) for paragraph(c) of the following paragraph: ‘‘ (c) the designation of officers in the service of
the State or persons in the service of the Authority to apply the provisions of thisAct or any safety plan, and the other functions of such officers or persons;’’.
4. The substitution for section 2M of the following section:
‘‘ Delegation of powers
2M. The Minister may delegate to the Com- missioner or the managing director of the com- pany any power conferred upon him or her by sections 2F(1)(b), (3)(b) and 2J(1);’’.
5. The substitution for section 2N of the following section:
‘‘ Compensation to company or Authority
2N.The Minister may, to such extent as he or she may determine in consultation with the Minister of Finance, out of moneys appropriated by Parliament compensate the company and the Authority for any costs incurred by either, which is directly related to the performance of its functions or duties in terms of the provisions of thisAct and which the company or theAuthority, as the case may be, cannot readily recover from the users of a company airport as defined in section 1 of the Airports Company Act, 1993.’’.
Act No. 59 of 1993 Convention on the Interna- tional Recognition of Rights in Aircraft Act, 1993
1. The amendment of section 1 by the insertion after the definition of ‘‘prescribed’’ of the following definition: ‘‘ ‘registered’, in respect of mortgages, means a completed recording of a mortgage in terms of and in accordance with section 4, read, where appropriate, with section 9 or 10, as the case may be;’’.
2. The substitution for section 10 of the following section:
‘‘Transmission of rights
10. (1) Whenever the rights of the mortgage under a deed of mortgage over an aircraft or a share in an aircraft are transmitted onmarriage or death or by any other lawful means other than by transfer under this Act to any person, that person shall execute a declaration in the prescribed form certifying that the transmission has taken place. (2) The Commissioner shall, on receipt of the
declaration referred to in subsection (1) accom- panied by the prescribed documents, enter in the register referred to in section 4 as mortgage the name of the person to whom the rights have been transmitted.’’.
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SCHEDULE 2
LAWS AMENDED (Section 24)
No. and year of Law Short title Extent of amendments Act No. 115 of 1990 Air Services Licensing Act,
1990 1. The amendment of section 1— (a) by the insertion after the definition of ‘‘air
service’’ of the following definition: ‘‘ ‘Authority’ means the Authority as de- fined in section 1 of the South African Civil Aviation Authority Act, 1998’’; and
(b) by the insertion after the definition of ‘‘autho- rized officer’’ of the following definition: ‘‘ ‘Chief Executive Officer’ means the Chief Executive Officer of the Authority contemplated in section 11 of the South African Civil Aviation Authority Act, 1998;’’;
2. The amendment of section 28(1)(a) and (b) by the substitution, wherever it occurs for the expres- sion ‘‘by the department’’ of the expression ‘‘by the Authority’’.
Act No. 60 of 1993 InternationalAir ServicesAct, 1993
1. The amendment of section 1 by the insertion after the definition of ‘‘authorized person’’ of the follow- ing definition: ‘‘ ‘ chairperson of the council’ means the chair- person of the council referred to in section 4(1)(a).’’;
2. The amendment of section 4 by the substitution for paragraph(a) of subsection (1) of the following paragraph: ‘‘ (a) a person designated by the Minister as
chairperson;’’. 3. The substitution for section 7 of the following section:
‘‘Remuneration of appointed members
7. (1) Subject to the provisions of subsection (2), an appointed member shall receive, from moneys appropriated by Parliament for this purpose, such remuneration and allowances as may be determined by the Minister in consulta- tion with the Minister of Finance. (2) An appointed member who is in the
full-time service of the State shall not, in respect of the duties performed by him or her as a member, be paid any remuneration in addition to his or her remuneration as an officer of the State, nor shall he or she be paid any allowance in respect of subsistence and transport at a rate higher than applicable to him or her as such an officer.’’.
4. The amendment of the Act by the substitution, wherever it occurs, for the expression ‘‘Commis- sioner for Civil Aviation’’, of the expression ‘‘chairperson of the council’’, except in section 41(d).’’.
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