4-year-old law finally takes effect in South Africa

The Civil Aviation Amendment Act 22 of 2021 has been in the pipeline since November 2018, and despite President Cyril Ramaphosa signing it into law on 6 April 2022, it has finally taken effect.

President Ramaphosa signed the proclamation on 16 September 2026, with the laws taking effect on the date of gazetting on 12 October 2026.

According to Cliffe Dekker Hofmeyr, the amendments were first floated in 2018, but lapsed in the same year, and revived towards the end of 2019, but were never implemented due to administrative issues.

The laws gained traction again in 2020 as the civil aviation industry focused on recovering from the devastating impact of the COVID-19 pandemic.

“South Africa holds a remarkable record in aviation safety and security, with no fatal accidents in commercial scheduled operations in more than 30 years,” said Cliffe Dekker Hofmeyr.

“However, given the rise in aircraft accidents globally, and to maintain a positive record of aviation safety, it is imperative that South Africa’s regulations are constantly improving.”

The amendments operationalise dormant safety mandates, focusing on amending Chapter 4 of the Civil Aviation Act (CAA), which establishes the Aviation Safety Investigation Board.

The board is vested with the authority to investigate aircraft accidents and incidents occurring in South Africa.

Cliffe Dekker Hofmeyr said it became evident that certain provisions of Chapter 4 hindered the appointment of members and the board’s general functioning.

It added that, to address these provisions, the Amendment Act replaces the Chairperson’s discretion and power to appoint and manage staff with a process that requires public participation and external input.

This includes input from various aviation experts, the Minister of Transport and Parliament.

“The Amendment Act will also afford aviation participants the opportunity to appeal findings of the Board in relation to an accident,” Cliffe Dekker Hofmeyr said.

A R50,000 fine or ten years in jail

One of the biggest challenges facing the aviation industry is the rapidly changing global weather patterns, as well as the need for a regulatory framework that promotes adequate environmental protection.

“The Amendment Act seeks to expand the jurisdiction of the South African Civil Aviation Authority (SACAA) to include a robust environmental protection oversight function,” said the firm.

“The South African aviation industry can expect to see an increase in regulations aimed at improving environmental protection to strategically align South African policy with global standards.”

It added that the laws will oblige aviation participants, especially airlines, to “develop and implement” an aviation security programme, while the Civil Aviation Act requires participants to have one.

Cliffe Dekker Hofmeyr expects SACAA to increase monitoring of aviation security programmes, which may include environmental protection brought under the scope of the National Aviation Security Programme.

“An important factor in maintaining aviation safety and security stems from successfully monitoring and addressing areas of non-compliance through aviation regulations,” it explained.

“There is a strong correlation between regulatory non-compliance and an increase in safety risks.”

The Amendment Act will remove provisions in the Civil Aviation Act that deal with compliance notices.

“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,” said the firm.

“They could be liable on conviction to a fine not exceeding R50,000, or imprisonment not exceeding 10 years, or both.”