The Civil Aviation Amendment Act 22 of 2021 came into operation on October 12 following publication in the Government Gazette.
President Cyril Ramaphosa signed the legislation into law on April 6, 2022, before signing the proclamation bringing the amendments into effect on September 16, 2026.
The legislative process began in November 2018.
The amendments operationalise previously dormant aviation safety provisions, including changes to Chapter 4 of the Civil Aviation Act providing for the Aviation Safety Investigation Board.
Aviation Analyst Dr Guy Leitch said creating an independent accident investigation body was the most important change. “The key change, and it’s incredible to me and many others that it has taken so long, is the establishment of an independent aviation accident investigation board,” Leitch said.
Aircraft accident investigations were previously conducted by a structure operating within the SA Civil Aviation Authority (SACAA).
Leitch said the arrangement created a potential conflict because SACAA could be implicated in incidents the regulator was responsible for investigating. “You can’t be the judge and the jury in accidents,” Leitch said. “Quite often, SACAA itself may be implicated in accidents, and therefore it can’t be the sole investigator.”
Leitch cited the continuing controversy surrounding the investigation into the 2021 crash of SACAA aircraft ZS-CAR near George.
Under the amended law, investigators are expected to move from SACAA to a separate institution with independent employment, remuneration and performance-management arrangements.
“The existing infrastructure and human resources are already in place,” Leitch said. “The structure just needed to be properly independent.”
Leitch said the separation should improve confidence in investigations and could strengthen SACAA’s international safety standing.
However, Leitch expressed concern about changes to the Aviation Appeals Committee, which had previously demonstrated independence by criticising SACAA decisions.
The amendments also introduce substantially increased penalties and classify certain regulatory violations as criminal offences. “It’s a mixed bag, but all in all, it certainly strengthens the hand of SACAA in terms of regulation,” Leitch said.
“From a passenger-safety and confidence perspective, I think it’s a good thing.”
–ChannelAfrica–
