ATC200901: Interim report of the Portfolio Committee on Transport on the Civil Aviation Amendment Bill [B 44 – 2018] (National Assembly –sec75), dated1 September 2020

Transport

Interim report of the Portfolio Committee on Transport on the Civil Aviation Amendment Bill [B 44 – 2018] (National Assembly –sec75), dated1 September 2020

 

The Portfolio Committee on Transport (“the Committee”) is currently deliberating on the Civil Aviation Amendment Bill [B 44 – 2018] (National Assembly – sec 75) (the Bill), referred to it, and classified by the Joint Tagging Mechanism (JTM) as a section 75 Bill.

 

The Bill seeks to amend the Civil Aviation Act, 2009 (Act No. 13 of 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.

 

The Bill was referred to the Committee on 14 November 2018 (ATC No. 168 – 2018). The Committee held public hearings and considered proposed amendments to the Bill on 4 March 2020. Whilst inquiring into the subject of the Bill, duringpublic hearings and deliberations,the Committee decided on 25 August 2020 that it was necessary to amend other provisions of the principal Act which were not included in the Bill, and to further extend the public consultations.  The Committee received a submission from the South African Civil Aviation Authority (SACAA) regarding the preferential creditor status of SACAA in instances where the licensed service provider that collects fees on behalf of SACAA becomes insolvent. The Committee now seeks to amend the legislation beyond the scope of the Bill.  The envisaged amendments which are not currently contained in the Civil Aviation Amendment Bill would allow SACAA to be one of the first-in-line creditors to get their fees, either via a Trust or ring-fenced funds as preferential shareholder, through the Insolvency Act.

 

The Committee submits this interim report to motivate its request for permission, in terms of Assembly Rule 286(4)(c), to amend other provisions in the Civil Aviation Act, 2009 (Act No. 13 of 2009).

 

The Economic Freedom Fighters (EFF) did not support the adoption of the report.

 

Report to be considered.