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Air Traffic and Navigation Services Company Act, 1993 (Act No. 45 of 1993)

13. Failure of company to comply with provisions



(1) Any person who feels aggrieved by the failure of the company to comply with any provision of section 5(2) or 11(1) or (12), may lodge with the Committee a complaint, which shall be accompanied by proof of the failure.


(2) On receipt of any such complaint, or if the Committee on reasonable grounds suspects that the company fails so to comply, the Committee shall investigate such complaint or suspicion.


(3) If after such an investigation the Committee is satisfied that the company fails to comply with any provision mentioned in subsection (1), the Committee may—
(a) in writing direct the company to comply with such provision within the period determined by the Committee;
(b) by notice in the Gazette, declare unlawful any action of the company in relation to its non-compliance with the said provision;
(c) in writing direct the company to compensate for any loss sustained by or damage done to any person as a result of such action of the company; or
(d) in writing withdraw or suspend, on such conditions as may be determined by the Committee, any permission issued in terms of section 11(5).


(4) The Committee shall not act under subsection (3)(b), (c) or (d) unless—
(a) the Committee has notified the company in writing of its intention to take such action; and
(b) the Committee has given the company 'the opportunity to address representations to the Committee, within the period determined by the Committee, in respect of the said non-compliance.