President Cyril Ramaphosa has proclaimed the Civil Aviation Amendment Act, 2021, putting it into effect. <\/p>\n\n\n\n
The laws kicked in from the date of the gazetting\u201412 October 2026\u2014with the proclamation signed by the president on 16 September 2026.<\/p>\n\n\n\n
The Civil Aviation Amendment Act was signed into law by Ramaphosa on 6 April 2022, but was not implemented due to administrative issues.<\/p>\n\n\n\n
The laws had been worked on since November 2018, lapsing in 2018, and revived towards the end of 2019.<\/p>\n\n\n\n
It gained traction in 2020 as the civil aviation industry focused on recovering from the devastating impact of the COVID-19 pandemic.<\/p>\n\n\n\n
The new amendment laws operationalise and bolster dormant safety mandates. The main focus is to amend Chapter 4 of the Civil Aviation Act (CAA).<\/p>\n\n\n\n
Chapter 4 of the CAA makes provision for the establishment of the Aviation Safety Investigation Board.<\/p>\n\n\n\n
According to Cliffe Dekker Hofmeyr, the board is vested with the authority to investigate aircraft accidents and incidents occurring in South Africa. <\/p>\n\n\n\n
In practice, however, it became evident that certain provisions of the laws, particularly those governing the board’s structure and members’ conflicts of interest, hindered the appointment of members and the board’s overall functioning, the firm said.<\/p>\n\n\n\n
“To address this, the provisions of Chapter 4 have been substituted in their entirety, and the Amendment Act replaces the chairperson\u2019s discretion and power to appoint and manage staff,” it said.<\/p>\n\n\n\n
The new process requires public participation and input from various aviation experts, the Minister of Transport and Parliament. <\/p>\n\n\n\n
The Amendment Act will also afford aviation participants the opportunity to appeal findings of the board in relation to an accident.<\/p>\n\n\n\n
“Among the many challenges facing the aviation industry are the rapidly changing global weather patterns, as well as the need for a regulatory framework that promotes adequate environmental protection,” CDH said.<\/p>\n\n\n\n
“The Amendment Act seeks to expand the jurisdiction of the South African Civil Aviation Authority (SACAA) to include a robust environmental protection oversight function.”<\/p>\n\n\n\n
The South African aviation industry can expect increased regulations aimed at improving environmental protection, strategically aligning South African policy with global standards.<\/p>\n\n\n\n
The Amendment Act will place a positive obligation on aviation participants, and particularly carriers, to \u201cdevelop and implement\u201d an aviation security programme.<\/p>\n\n\n\n
This amends provisions in the CAA, which simply require participants to \u201chave\u201d an aviation security programme. <\/p>\n\n\n\n
The Amendment Act also deletes provisions of the Civil Aviation Act dealing with compliance notices. <\/p>\n\n\n\n
In the event that the SACAA identifies regulatory non-compliance, the Commissioner for Civil Aviation will be entitled to apply to court to have the persons responsible convicted of an offence.<\/p>\n\n\n\n
These persons could be liable, on conviction, to a fine not exceeding R50,000, or imprisonment not exceeding 10 years, or both.<\/p>\n\n\n\n
The new laws amend provisions of the principal CAA dealing with appeals and authorise the Minister to issue exemptions, prescribe additional offences, and establish additional enforcement mechanisms.<\/p>\n\n\n\n