1. BACKGROUND AND PURPOSE 
 
1.1 The Civil Aviation Act, 2009 (Act No. 13 of 2009) ("the Act"), provides for the establishment of the Aviation Safety Investigation Board, a juristic body vested with the powers to investigate aircraft accidents and incidents in South Africa. The Act also establishes the South African Civil Aviation Authority, an authority vested with the powers to promote civil aviation safety and security. The Act was enacted in 2009 to consolidate the various pieces of legislation dealing with the regulation of civil aviation which existed at the time. Following the implementation of the Act it became evident that certain provisions thereof were hampering the full operation of the Act. 
 
1.2 Most provisions of Chapter 4 of the Act were never promulgated due to various reasons, one of which was the practical difficulties in the establishment of the entity, the Aviation Safety Investigation Board, which is established by the Chapter. As a result of this, the full establishment of the Aviation Safety Investigation Board was never achieved. 
 
2. OBJECTS OF THE BILL 
 
The Civil Aviation Amendment Bill, 2018 ("the Bill") seeks to amend the Act in order to to ensure the proper implementation of the legislation in respect of safety, security and the investigation of aircraft incidents and aircraft accidents, in civil aviation. 
 
2.1 Clause 1 
 
Clause 1 of the Bill seeks to amend and insert various definitions in order to assist in the interpretation of the Act. Definitions of "aircraft in flight" and "aircraft in service" are inserted as the terms are used in the Act and have technical meanings. The definition of "Director" is being deleted and a new definition of "Commissioner" is inserted. The title "Director" is a phenomenon in the Public Service where there are Directors operating at a managerial level within the Government structural establishments. This title is also not consistent with the titles of other agencies of the Department of Transport ("the Department"), where they are referred to as Chief Executive Officer. The definition of "helistop" is amended in order to differentiate a helistop from a heliport. A new definition of "safety programme" is inserted as the Bill extends the powers of the Minister to issue regulations relating to the implementation of a safety programme. The other inserted definitions are intended to clarify terms inserted by the Bill. 
 
2.2 Clause 2 
 
Clause 2 amends section 2 of the Act to remove incorrect references. Furthermore, State aircraft (aircraft belonging to the SANDF, SAPS and customs) are precluded from legislation regulating civil aviation. However, such aircraft may be subject to certain civil aviation regulations under certain circumstances. The Act was not very clear with regards to those circumstances and this clause amends such provisions. 
 
2.3 Clause 3 
 
Clause 3 amends section 3 to remove the obligation imposed on the Minister of Transport ("the Minister") to agree with the Civil Aviation Authority in the process of ratification of amendments to the Convention of International Civil Aviation, 1944 ("the Convention"). This is intended to align the Act with section 231 of the Constitution of the Republic of South Africa, 1996. 
 
2.4 Clause 4 
 
Clause 4 amends section 4 of the Act to delete the provision which requires the designation of the Civil Aviation Authority. This provision is unnecessary as the Civil Aviation Authority derives its powers and functions directly from the Act. 
 
2.5 Clause 5 
 
Clause 5 amends section 5 of the Act to remove the reference to a Protocol that does not exist. 
 
2.6 Clause 6 
 
Clause 6 amends section 7 of the Act to remove obsolete references. 
 
2.7 Clause 7 
 
Clause 7 amends section 8 of the Act to effect textual improvements. 
 
2.8 Clause 8 
 
2.8.1 Clause 8 substitutes Chapter 4 of the Act so as to redefine the establishment of an aircraft accident and incident investigation authority in compliance with the international obligation that South Africa has as a Contracting State to the Convention, whilst taking into account the national legislative framework. Following the enactment of Chapter 4 of the Act which establishes Aviation Safety Investigation Board, it transpired that certain provisions thereof, namely, the provisions dealing with the structure of Aviation Safety Investigation Board as well as the conflict of interest of members, posed a hindrance to the appointment of members of the Aviation Safety Investigation Board. The amendment is intended to remove these hindrances. 
 
2.8.2 The provisions which gave the Chairperson of the Aviation Safety Investigation Board the powers to appoint and manage staff are deleted in the attached draft. Another notable amendment in this Part is with regards to the provision dealing with conflict of interests. The existing legislation prohibits the appointment of a person as a member of the Aviation Safety Investigation Board if they or their families are involved in any way in the aviation business. The Amendment on the other hand requires a member of Aviation Safety Investigation Board to recuse themselves when there is a potential conflict of interest. Furthermore, all the provisions dealing with the appointment of staff of the entity are deleted. 
 
2.8.3 The provisions of the existing legislation dealing with the Director of Investigation are deleted and the power to designate accident investigators is vested with the Aviation Safety Investigation Board. 
 
2.8.4 The Bill also provides for the insertion of a provision dealing with appeals against findings of the Aviation Safety Investigation Board in relation to an accident. 
 
2.9 Clause 9 
 
Clause 9 amends section 69 of the Act to rectify grammatical errors. 
 
2.10 Clause 10 
 
Clause 10 amends section 71 of the Act in order to clarify the fact that the Civil Aviation Authority was already in existence when the Act was promulgated in 2009. 
 
2.11 Clause 11 
 
Clause 11 amends section 72 of the Act to extend the objects of the Civil Aviation Authority to include the environmental protection regulation, amongst others. The importance of the protection of the environment is increasing and International Civil Aviation Organization has adopted an amendment to one of its Annex to put emphasis on this. 
 
2.12 Clause 12 
 
Clause 12 amends section 73 of the Act to clarify the functions of the Civil Aviation Authority. The amendment includes the environmental protection as one of the functions of the Civil Aviation Authority. The amendment further effects certain textual amendments to clarify the role of the Civil Aviation Authority. 
 
2.13 Clause 13 
 
Clause 13 amends section 74 of the Act to remove incorrect references and to stress the requirement for consultation by the Civil Aviation Authority with stakeholders in respect of determination of charges, fees and levies. 
 
2.14 Clause 14 
 
Clause 14 amends section 76 of the Act to effect some textual changes. 
 
2.15 Clause 15 
 
Clause 15 amends section 77 of the Act to remove an unnecessary qualification for one of the Civil Aviation Authority Board members and to provide for an employee of the Department to sit on this board. 
 
2.16 Clause 16 
 
Clause 16 amends section 82 of the Act to extend the restriction relating to the remuneration of Civil Aviation Authority Board members to persons not only employed by the State, but by other State institutions that are wholly or partially funded by the State. 
 
2.17 Clause 17 
 
Clause 17 repeals section 83 of the Act. This is intended to bring the Act in line with the Public Finance Management Act, 1999 (Act No. 1 of 1999) ("the PFMA"). The Civil Aviation Authority does not fall under the list of public entities that are required by the PFMA to submit a corporate governance plan. 
 
2.18 Clause 18 
 
Clause 18 substitutes section 85 of the Act so as to amend the process of the appointment of the Commissioner (formerly the Director of Civil Aviation) to include the role of the Civil Aviation Authority Board. The Bill further bestows on this Board the power to suspend the Commissioner. 
 
2.19 Clause 19 
 
Clause 19 effects an amendment to section 86 of the Act in respect of the duties of the Commissioner which are primarily to administer and manage the Civil Aviation Authority. 
 
2.20 Clause 20 
 
Clause 20 amends section 90 of the Act to afford the Civil Aviation Authority Board the power to appoint an acting Commissioner. The amendment is also intended to remove the provision which limits the acting period of the Commissioner to 12 months. 
 
2.21 Clause 21 
 
Clause 21 amends section 94 of the Act to effect textual amendments and to remove redundant references. The amendment is also intended to remove provisions which have been found unnecessary to implement. 
 
2.22 Clause 22 
 
Clause 22 amends section 95 of the Act to remove an incorrect reference. 
 
2.23 Clause 23 
 
Clause 23 amends section 98 of the Act to enhance provisions regarding conflict of interest. The amendment also requires the Commissioner to develop procedures to deal with approval of engagement in other paid work by the employees of the Civil Aviation Authority. 
 
2.24 Clause 24 
 
Clause 24 amends section 99 of the Act to extend the limitation of liability to the Civil Avi

To amend the Civil Aviation Act, 2009, so as to amend existing, and insert new, definitions; to rectify references to certain Ministries and Government Departments; to amend Chapter 4 of the Act so as to make provision for the operational independence of aircraft accident and incident investigation; to rectify the provision regarding the establishment of the South African Civil Aviation Authority; to give the South African Civil Aviation Authority environmental protection oversight function; to do away with the requirement for the development of a corporate governance plan; to make provision for an employee of the Department to be a member of the Civil Aviation Authority Board; to amend the provisions relating to the appointment and removal of the Commissioner for Civil Aviation and matters related to his or her functions and responsibilities; to amend the provisions relating to the performance agreement between the Minister and the Aviation Safety Investigation Board; to clarify the provisions dealing with conflict of interest; to provide for the designation of the Chairperson of the National Aviation Security Committee and matters connected with the operations of the Committee; to delete the provisions dealing with compliance notices; to amend the provisions dealing with appeals; to authorise the Minister to issue exemptions and to prescribe additional offences and additional enforcement mechanisms; to extend the powers of the Minister to make regulations; to move the procedures for the establishment of consultative structures to the regulations; and to provide for matters connected therewith.