• Adami Geldenhuys

Civil Aviation Amendment Act 22 of 2021 gazetted on 6 April 2022: commencement date to be proclaimed

Updated: Apr 25

The Civil Aviation Amendment Act 22 of 2021 was published on 6 April 2022 (GenN956 GG 46205 p1 6 April 2022). The Act will come into effect on a date to be fixed by the President by proclamation in the Gazette.

The aim of the Amendment Act is:

“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 make provision for the Civil Aviation Authority as a preferential creditor in respect of any money, fees, charges or levies collected on its behalf; 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.”

A copy of the Amendment Act is available at:


Image: Wix

Date Posted: 23 April 2022