This contains UNCERTIFIED COPY for information/reference. For authentic copy, please refer to certified copy only.  In case of any mistake, please bring it to our notice.


LegalB's Resources 
QUICK LINKS: ROOT DATABASE | OVERVIEW | VERSIONS & TEXT ACCESS TIMELINE | SUBORDINATE TEXTS | COMMENTARY | POTENTIAL TRANSGRESSOR LISTS | TEST FOR TRANSGRESSIONS | EMAIL A REQUEST FOR UPDATES | HELP | CONTACT US | SEARCH SITE | LOG OUT |

South Africa
NATIONAL LEGISLATION OVERVIEWS
LegalB Logo
Civil Aviation Act, No. 13 of 2009

Long title


To repeal, consolidate and amend the aviation laws giving effect to certain International Aviation Conventions; to provide for the control and regulation of aviation within the Republic; to provide for the establishment of a South African Civil Aviation Authority with safety and security oversight functions, to provide for the establishment of an independent Aviation Safety Investigation Board in compliance with Annex 13 of the Chicago Convention, to give effect to certain provisions of the Convention on Offences and Certain other Acts Committed on Board Aircraft; to give effect to the Convention for the Suppression of Unlawful Seizure of Aircraft and the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation; to provide for the National Aviation Security Program; to provide for additional measures directed at more effective control of the safety and security of aircraft, airports and the like; and to provide for matters connected thereto.

Table of contents

SECTION TITLE

ARRANGEMENT OF SECTIONS

CHAPTER 1. DEFINITIONS
1. Definitions
CHAPTER 2. APPLICATION OF ACT, POWER TO CARRY OUT AND APPLY CONVENTION, TRANSIT AGREEMENT AND PROTOCOL, FUNCTIONS OF MINISTER IN CONNECTION WITH ACT AND CONVENTION AND TRANSIT AGREEMENT
2. Application of Act
3. Power to carry out and apply Convention, Transit Agreement and Protocol
4. Functions of Minister in connection with Act [... Title amended by Act 2021_022_004_20220506 - was entitled "Functions of Minister in connection with Act. Convention and Transit Agreement"]
5. Enactment of Convention and Transit Agreement [... Title amended by Act 2021_022_005_20220506 - was entitled "Enactment of Convention. Transit Agreement and Protocol"]
CHAPTER 3. [sic - no title]
Part 1. Acquisition of land and rights in connection with airports and consultation with interested parties
6. Acquisition of land and rights in connection with airports
Part 2. Permission to use land held under any reconnaissance permission, exploration, prospecting or mining authorisation or permission for airports, consultation with interested parties, trespass, nuisance and responsibility for damage
7. Permission to use land held under any reconnaissance permission, exploration, prospecting or mining authorisation or permission for airports
8. Trespass, nuisance, responsibility for damage and insurance for damage or loss by registered owners and operators of aircraft
CHAPTER 4. [sic - no title]
Part 1. Aircraft accidents and incidents investigation and establishment of aviation safety investigation board [... Title substituted by Act 2021_022_008_20220506 - was entitled "Part 1. Aircraft accidents and aircraft incidents, establishment of Aviation Safety Investigation Board in compliance with convention, jurisdiction of aviation safety investigation board and objects of Aviation Safety Investigation Board"]
9. Application of Chapter [... Title substituted by Act 2021_022_008_20220506 - was entitled "Application of Chapter to aircraft accidents and aircraft incidents"]
10. Establishment of Aviation Safety Investigation Board
11. Objects of Aviation Safety Investigation Board
12. Jurisdiction of Aviation Safety Investigation Board
13. Coordination of investigations and remedial actions
14. Compatible procedures and practices

Part 2. Appointment of members and staff of Aviation Safety Investigation Board [... Title substituted by Act 2021_022_008_20220506 - was entitled "Part 2. Appointment of members and staff of Aviation Safety Investigation Board, procedure and requirements in appointing members, filling of vacancies, remuneration and duties of members and conflict of interest of members"]
15. Procedure in appointing members of the Aviation Safety Investigation Board [... Title substituted by Act 2021_022_008_20220506 - was entitled "Procedure and requirements in appointing members of the Aviation Safety Investigation Board, filling of vacancies and term of office"]
16. Requirements for appointment as members of Aviation Safety Investigation Board [... Title substituted by Act 2021_022_008_20220506 - was entitled "Disqualification and removal of members of the Aviation Safety Investigation Board"]
17. Filling of vacancies and term of office of Aviation Safety Investigation Board [... Title substituted by Act 2021_022_008_20220506 - was entitled "Performance Management System"]
18. Disqualification and removal of members of Aviation Safety Investigation Board [... Title substituted by Act 2021_022_008_20220506 - was entitled "Remuneration, fees and expenses of members of the Aviation Safety Investigation Board"]
19. Performance agreement between Minister and Aviation Safety Investigation Board [... Title substituted by Act 2021_022_008_20220506 - was entitled "Duties of Chairperson"]
20. Remuneration, fees and expenses of members of Aviation Safety Investigation Board [... Title substituted by Act 2021_022_008_20220506 - was entitled "Chairperson may delegate powers and duties"]
21. Meetings of Aviation Safety Investigation Board [... Title substituted by Act 2021_022_008_20220506 - was entitled "Meetings and quorum of Aviation Safety Investigation Board"]
22. Administration [... Title substituted by Act 2021_022_008_20220506 - was entitled "Expenditure in connection with execution of functions and objects of Aviation Safety Investigation Board"]
23. Public Finance Management Act binds Aviation Safety Investigation Board
24. Expenditure in connection with execution of functions and objects of Aviation Safety Investigation Board [... Title substituted by Act 2021_022_008_20220506 - was entitled "Conflict of interest"]
25. Conflict of interest [... Title substituted by Act 2021_022_008_20220506 - was entitled "Duties of members of Aviation Safety Investigation Board"]
26. Agreements between Aviation Safety Investigation Board and Commissioner [... Title substituted by Act 2021_022_008_20220506 - was entitled "Appointment of staff of Aviation Safety Investigation Board"]
27. Agreements between Aviation Safety Investigation Board and other departments or entities [... Title substituted by Act 2021_022_008_20220506 - was entitled "Agreements between Aviation Safety Investigation Board and Director"]
28. Independence and impartiality of Aviation Safety Investigation Board and Investigators [... Title substituted by Act 2021_022_008_20220506 - was entitled "Remuneration of staff of Aviation Safety Investigation Board"]
Part 3. Functions and powers of Aviation Safety Investigation Board [... Title unamended inserted by Act 2021_022_008_20220506]
29. Functions of Aviation Safety Investigation Board [... Title substituted by Act 2021_022_008_20220506 - was entitled "Independence and impartiality of Aviation Safety Investigation Board"]
... [... Title omitted by Act 2021_022_008_20220406 by way of unmarked omission - was entitled "Part 3. Functions and powers of Aviation Safety Investigation Board, powers of director of investigations and investigators, notification of aircraft accidents and aircraft incidents by departments and attendance and observers at investigations"]
30. Powers of Aviation Safety Investigation Board [... Title substituted by Act 2021_022_008_20220506 - was entitled "Functions of Aviation Safety Investigation Board"]
31. Annual report [... Title substituted by Act 2021_022_008_20220506 - was entitled "Powers of Aviation Safety Investigation Board"]
32. Delegation of powers [... Title substituted by Act 2021_022_008_20220506 - was entitled "Powers of Director of Investigations"]
33. Designation and powers of investigators 
34. Search and seizure by appointed investigators
35. Power to test items seized
36. Return of seized property [... Title substituted by Act 2021_022_008_20220406 - was entitled "Certificate to be produced"]
37. Public inquiry [... Title substituted by Act 2021_022_008_20220406 - was entitled "Return of seized property"]
38. Notification to department of aircraft accident or aircraft incident and investigation by department [... Title substituted by Act 2021_022_008_20220406 - was entitled "Public inquiry"]
39. Notification to Minister of department having direct interest in aircraft accident or aircraft incident by Aviation Safety Investigation Board [... Title substituted by Act 2021_022_008_20220406 - was entitled "Notification of a department of aircraft accident or aircraft incident and investigation by department|"]
40. Notification of Minister of department having direct interest in aircraft accident or aircraft incident by Aviation Safety Investigation Board [... Title substituted by Act 2021_022_008_20220406 - was entitled "_"]
Part 4. Reporting on completion of aircraft accident or aircraft incident investigation [... Title inserted by Act 2021_022_008_20220406]
41. Attendance and removal of observers at aircraft accident and aircraft incident investigations [... Title substituted by Act 2021_022_008_20220406 - was entitled "_"]
 ... [... Title deleted by Act 2021_022_008_20220406 - was entitled "Part 4. Reporting on completion of any aircraft accident or aircraft incident investigation "]
42. Rights of affected parties, making representations and publication of report  [... Title substituted by Act 2021_022_008_20220406 - was entitled "_"]
43. Manner of dealing with representations [... Title substituted by Act 2021_022_008_20220406 - was entitled "_"]
44. Notification of findings and recommendations [... Title substituted by Act 2021_022_008_20220406 - was entitled "_"]
Part 5. Appeals against findings of Aviation Safety Investigation Board and reopening of aircraft accident or aircraft incident investigation [... Title inserted by Act 2021_022_008_20220406[ 
45. Minister of a department to respond to Aviation Safety Investigation Board  [... Title substituted by Act 2021_022_008_20220406 - was entitled "_"]
46. Aviation Safety Investigation Board may delegate powers [... Title substituted by Act 2021_022_008_20220406 - was entitled "_"]
... [... Title deleted by Act 2021_022_008_20220406 - was entitled "Part 5. Access, use and privilege of "onboard recording" and "communication record", power of court or inquest, access and use of statements used in investigation, rules for protection of identity and certain information privileged"] 
Part 6. Privileged and protected information [... Title inserted by Act 2021_022_008_20220406]
47. Definition of "on-board recording"
48. Privilege for on-board recordings
49. Access by investigator [... Title substituted by Act 2021_022_008_20220406 - was entitled "Access by Aviation Safety Investigation Board"]
50. Use of on-board recording [... Title substituted by Act 2021_022_008_20220406 - was entitled "Use of on-board recording by Aviation Safety Investigation Board"]
51. Access to on-board recording by other investigators [... Title substituted by Act 2021_022_008_20220406 - was entitled "Access to on-board recording by peace officers, inquests and other investigators"]
52. Power of court or inquest
53. Use of on-board recording prohibited  [... Title substituted by Act 2021_022_008_20220406 - was entitled "Use of "on-board recording" prohibited"]
54. Communication record [... Title substituted by Act 2021_022_008_20220406 - was entitled "Definition of "communication record""]
55. Statement privileged
56. Access by judicial inquest and other investigators
57. Power of court or an inquest with regard to statements
58. Use of statement prohibited
59. Certain information privileged [... Title substituted by Act 2021_022_008_20220406 - was entitled "Reporting of aircraft accidents and aircraft incidents"]
60. Use of report made to Aviation Safety Investigation Board under reporting system established by rules, prohibited [... Title substituted by Act 2021_022_008_20220406 - was entitled "Certain information privileged"]
61. Appearance of investigator [... Title substituted by Act 2021_022_008_20220406 - was entitled "Use of report made to Aviation Safety Investigation Board under voluntary reporting system established by rules prohibited"]
62. Opinions inadmissible [... Title substituted by Act 2021_022_008_20220406 - was entitled "Appearance of investigator"]
Part 7. Rules [... Title inserted by Act 2021_022_008_20220406] 
63. Rules [... Title amended by Act 2021_022_008_20220406 - was entitled "Opinions inadmissible"]
... [... Title omitted by Act 2021_022_008_20220406 - was entitled "Part 6. Rules"]
64. Rules [... Title substituted by Act 2021_022_008_20220406 - was entitled "_"]
Part 8. Offences [... Title substituted by Act 2021_022_008_20220406 - was entitled "Part 7. Offences"]
65. Offences
66. Evidence
Part 9. Transitional arrangements and liability of members, staff and accredited representatives, experts and advisors of Aviation Safety Investigation Board [... Title substituted by Act 2021_022_008_20220406 - was entitled "Part 8. Transitional arrangements and liability of members, staff and accredited representatives, experts and advisors of Aviation Safety Investigation Board"]
67. Investigations
68. Liability of members, staff and accredited representatives, experts and advisers of Aviation Safety Investigation Board
CHAPTER 5. COMMISSIONS AND BOARDS OF INQUIRY
69. Commission of Inquiry in terms of Constitution
70. Boards of inquiry into certain offences
CHAPTER 6. [sic - no title]
Part 1. Civil Aviation Authority
71. Establishment of Civil Aviation Authority
72. Objects of Civil Aviation Authority
73. Functions of Civil Aviation Authority
74. Funding of Civil Aviation Authority
Part 2. Civil Aviation Authority Board
75. Establishment of Civil Aviation Authority Board
76. Functions and responsibilities of Civil Aviation Authority Board
77. Appointment of Civil Aviation Authority Board
78. Meetings of Civil Aviation Authority Board
79. Minutes of Civil Aviation Authority Board Meetings
80. Removal of member of Civil Aviation Authority Board from office
81. Committees of the Civil Aviation Authority Board
82. Remuneration of members of Civil Aviation Authority Board
83. ... [... repealed by Act 2021_022_017_20220406 - was entitled "Corporate governance plan"]
84. Conflict of interest
Part 3. Commissioner of Civil Aviation Authority [... Title substituted by Act 2021_022_063_20220406 - was entitled "Part 3. Director of Civil Aviation Authority"]
85. Appointment and removal of Commissioner [... Title substituted by Act 2021_022_018_20220406 - was entitled "Appointment and removal of Director"]
86. Duties of Commissioner  [... Title substituted by Act 2021_022_019_20220406 - was entitled "Duties of Director"]
87. Responsibilities of Commissioner [... Title substituted by Act 2021_022_063_20220406 - was entitled "Responsibilities of Director"]
88. Powers of Commissioner [... Title substituted by Act 2021_022_063_20220406 - was entitled "Powers of Director"]
89. Assignment and delegation by Commissioner [... Title substituted by Act 2021_022_063_20220406 - was entitled "Assignment and delegation by Director "]
90. Appointment of acting Commissioner [... Title substituted by Act 2021_022_020_20220406 - was entitled "Appointment of acting Director"]
91. Consultation
92. Performance
93. Conflict of interest
Part 4. General provisions regarding the Civil Aviation Authority
94. Performance agreement between Minister, the Civil Aviation Authority Board and Commissioner [... Title substituted by Act 2021_022_021_20220406 - was entitled "Performance agreement between Minister, the Civil Aviation Authority Board and Director"]
95. Application of Public Finance Management Act
96. Appointment and remuneration of staff of Civil Aviation Authority
97. Restriction on use of name
98. Conflict of interest
99. Limitation of liability

100. Ministerial order
101. Judicial management and liquidation of the Civil Aviation Authority
Part 5. Aviation security
102. National civil aviation security policies
103. National aviation security responsibilities of Department
104. National Aviation Security Committee
105. Objects of the National Aviation Security Committee
106. Meetings of the National Aviation Security Committee
107. Security program information confidential
108. Designation of secretariat of National Aviation Security Committee [... Title substituted by Act 2021_022_027_20220406 - was entitled "Designation of staff of National Aviation Security Committee by Director"]
109. Aviation security program submitted to Minister for approval
110. Appointment of person for execution of aerodrome security programme  [... Title substituted by Act 2021_022_028_20220406 - was entitled "Determinations by Minister]
111. Aviation participants required to have aviation security program [... Title substituted by Act 2021_022_029_20220406 - was entitled "Aviation participants required to have national aviation security program"]
112. Offences
CHAPTER 7. MONITORING AND ENFORCEMENT OF REGULATORY COMPLIANCE BY CIVIL AVIATION AUTHORITY [ THE ] [... Title substituted by Act 2021_022_031_20220406 - was entitled "CHAPTER 7. MONITORING AND ENFORCEMENT OF REGULATORY COMPLIANCE BY CIVIL AVIATION AUTHORITY AND THE ISSUING OF COMPLIANCE NOTICES"]
113. Monitoring of regulatory compliance
114. ... [... Title repealed by Act 2021_022_033_20220406 - was entitled "Compliance notices"]
115. Grounding of aircraft and closing of facility by authorised officer or inspector
116. Prohibition on exercising of certain privileges of any aviation certificate, permit or authorisation by authorised officers or inspectors
CHAPTER 8. [sic - no title]
Part 1. Internal appeal against decisions of inspectors and authorised officers and Commissioner [... Title substituted by Act 2021_022_063_20220406 - was entitled "Part 1. Internal appeal against decisions of inspectors and authorised officers and director"]
117. Decision and procedural rights
118. Appeal against decisions of authorised officers, authorised persons or inspectors [... Title amended by Act 2021_022_035_20220406 - was entitled "Appeal against decisions of authorised officers, authorised persons and inspectors"]
119. Appeal against refusal, cancellation, endorsement of medical certificate or declaration of unfitness
120. Appeal against decisions of Commissioner [... Title amended by Act 2021_022_037_20220406 - was entitled "Appeal against decisions of Director"]
120A. Effect of appeal on decisions [... Title inserted by Act 2021_022_038_20220406]
121. Submission of appeal [... Title amended by Act 2021_022_039_20220406 - was entitled "Submission of appeal to appeal committee"]
Part 2. Appeal committee [... Title amended by Act 2021_022_040_20220406 - was entitled "Part 2. Appeal committees"]
122. Composition of appeal committee [... Title amended by Act 2021_022_063(b)_20220406]
123. Conditions of service, remuneration, allowances of members of appeal committee and resignation of members [... Title amended by Act 2021_022_063(b)_20220406 - was entitled "Conditions of service, remuneration, allowances of members of appeal committees and resignation of members"]
124. Quorum and meetings of appeal committee [... Title amended by Act 2021_022_063(b)_20220406 - was entitled "Quorum and meetings of appeal committees"]
125. Decisions of appeal committee [... Title amended by Act 2021_022_044_20220406 - was entitled "Decisions of appeal committees"]
126. General provisions regarding appeal committee [... Title amended by Act 2021_022_063(b)_20220406 - was entitled "General provisions regarding appeal committees"]
127. Appeal against decision of appeal committee [... Title amended by Act 2021_022_063(b)_20220406 - was entitled "Appeal against decision of appeal committees"]
128. Administrative work of appeal committee [... Title amended by Act 2021_022_046_20220406 - was entitled "Administrative work of appeal committees"]
CHAPTER 9. PROCEDURES FOR IDENTIFYING AND NOTIFYING OF DIFFERENCES, ISSUANCE OF EXEMPTIONS AND INTERCEPTION ORDERS [... Title amended by Act 2021_022_047_20220406 - was entitled "CHAPTER 9. PROCEDURES FOR IDENTIFYING AND NOTIFYING OF DIFFERENCES, ISSUANCE OF EXEMPTIONS BY DIRECTOR AND INTERCEPTION ORDERS"]
129. Procedures for identifying and notifying of differences
130. Issuance of exemptions by Minister [... Title amended by Act 2021_022_048_20220406 - was entitled "Issuance of exemptions by Director "]
131. Compliance with Annex 2 of the Convention in respect of Marshalling Signals, Interception Manoeuvres and Orders
CHAPTER 10. TRANSFER OF CERTAIN FUNCTIONS AND DUTIES IN TERMS OF ARTICLE 83bis OF CONVENTION
132. Transfer of certain functions and duties
CHAPTER 11. [sic - no title]
Part 1. Offences and penalties
133. Offences and penalties
134. Interference with operation of air carrier, airport or heliport
135. Nuisance, disorderly or indecent act on board any aircraft
136. Interference with Commissioner, member or staff of Aviation Safety Investigation Board, staff of Civil Aviation Authority or member of Civil Aviation Authority Board [... Title amended by Act 2021_022_063_20220406 - was entitled "Interference with Director, member or staff of Aviation Safety Investigation Board, staff of Civil Aviation Authority or member of Civil Aviation Authority Board"]
137. Smoking on board aircraft, tampering with smoke detectors, operating portable electronic device when prohibited and refusing to obey lawful instruction
138. Illegal practices in connection with cargo, baggage, mail or other goods
139. Prohibition and control in aircraft
140. Prohibition and control in restricted areas
141. Prohibition and control in aviation facilities and air navigation facilities
142. Prohibition of conveyance of conventional arms, drugs or animal product in aircraft and interference with an aircraft in flight in order to exercise criminal jurisdiction
143. Threat to safety and security
144. Penalties for contraventions other than sections 133 to 142, 145,148 and the imposition of administrative penalties
Part 2. Search, seizure and powers of arrest of authorised persons, offences and penalties in connection with such search and seizures by authorised persons
145. Search, seizure and powers of arrest by authorised persons
146. Seizure or retention of harmful articles
147. Powers of arrest of authorised person, authorised officer or inspector [... Title amended by Act 2021_022_058_20220406 - was entitled "Powers of arrest of authorised person"]
148. Call for identification
CHAPTER 12. DELEGATION OF POWERS, ACTS AND OMISSIONS TAKING PLACE OUTSIDE REPUBLIC, JURISDICTION, EXTRADITION AND ADMISSIBILITY OF CERTAIN STATEMENTS
149. Delegation of powers
150. Acts or omissions taking place outside Republic
151. Jurisdiction
152. Extradition
153. Admissibility of certain statements
CHAPTER 13. POWERS OF COMMANDER ON BOARD AIRCRAFT AND PENALTIES IN CONNECTION WITH ANY CONTRAVENTION THEREOF
154. Powers on board aircraft
CHAPTER 14. REGULATIONS
Part 1. [sic - not title]
155. Regulations
Part 2. Application of consultative structures and Civil Aviation Regulations Committee
156. Application
157. Institution of Committee
158. Meeting of the Committee
159. Subcommittees of Committee
160. Remuneration of Members
161. Administration
162. Emergency regulations
CHAPTER 15. TECHNICAL STANDARDS
163. Technical standards for civil aviation
CHAPTER 16. TRANSITIONAL PROVISIONS, REPEAL AND AMENDMENT OF LAWS, ACT BINDING ON STATE AND SHORT TITLE AND COMMENCEMENT
164. Transitional provisions
165. Matters pending under previous Acts
166. Amendment and repeal of laws
167. Act binding on State
168. Short title and commencement
Sch. 1 SCHEDULE 1. LAWS AMENDED [s1; s166]
Sch. 2 SCHEDULE 2. LAWS REPEALED  [s1; s164; s166]
Sch. 3 SCHEDULE 3. CONVENTION ON INTERNATIONAL CIVIL AVIATION (ARTICLES 1 - 96) [s1]
Sch. 4 SCHEDULE 4. INTERNATIONAL AIR SERVICES TRANSIT AGREEMENT (ARTICLES 1 - VI)  [s1]
Sch. 5 SCHEDULE 5. CONVENTION ON INTERNATIONAL INTERESTS IN MOBILE EQUIPMENT ACT, 2007 (ACT 4 OF 2007) [s1; s73]
Sch. 6 SCHEDULE 6. CONVENTION ON THE INTERNATIONAL RECOGNITION OF RIGHTS IN AIRCRAFT ACT, 1993 (ACT 59 OF 1993) [s1; s73]

Legislation Text Access Point

Versions
[To check whether a version has commenced, and how it was commenced, please see the Timeline for the Act, and the Annotated Text for the version.]
Access Official Gazette PDF  Request Subscription Fee Subscriber Access
As unamended Act 2009_013_000_20090527 EXT.LINK REQ.INFO LINK
As amended by Act 2021_022_000_20220406 N/AREQ.INFOLINK
As amended by ...N/AREQ.INFOLINK

* LegalB refers to a "version" of an Act or its sections in the format "YYYY_NNN_SSS_YYYYMMDD", which refers to "YEAR OF ACT_ACT NUMBER_SECTION OF ACT_DATE OF GAZETTE", and where "DATE OF GAZETTE" refers to the "YEAR_MONTH_DAY" on the face of the Gazette in which either the Act was originally published or in which the amending, lapsing or repealing instrument was published. Where any segment of the reference string contains only zeros, it means that information is not relevant, not made available, or unavailable.
* Unbolded grey text in square brackets is additional information provided by LegalB.
* "..." indicates further information not provided by LegalB for purpose of brevity
* An Asterisk indicates uncertainty regarding information, and a double asterisk indicates information must be read in the light of our relevant Commentary.

Copyright Rita V. Felgate 2020