| (1) |
As soon as practicable, but within 120 days, after the receipt of an application in terms of section 14(1) or (2), the council shall consider such application together with all representations, information, evidence and other documents relating to such application and at the disposal of the council. |
| (2) |
The council may consider an application and issue a licence immediately after the receipt of an application for a temporary licence referred to in section 17(2) if the council— |
| (a) |
is of the opinion that compliance with the procedures referred to in section 15 would defeat the object of such application; and |
| (b) |
is satisfied that the applicant conforms to the requirements specified in subsection (4): |
Provided that the council may apply such procedures referred to in section 15 as it may deem necessary in order to enable it to reach a decision.
(3)
| (a) |
In order to obtain further information regarding an application, the council may order— |
| (ii) |
that any person referred to in section 15(3) may appear before the council, |
at a meeting of the council to be held, at the time and place determined by the chairperson, in order to hear arguments against or in favour of such application.
[Section 16(3)(a)substituted by section 5(f) of Act No. 21 of 2008]
| (i) |
At such meeting the council may serve on the applicant a written request for further particulars to be supplied within 90 days. |
| (ii) |
The particulars so supplied shall be open for inspection by the persons referred to in paragraph (a) until the subsequent meeting date contemplated in subparagraph (iii). |
| (iii) |
If the council requests such further particulars the meeting shall be adjourned to any subsequent date in order to hear further arguments against or in favour of such application, taking into account the further particulars referred to in subparagraph (i). |
[Section 16(3)(aA) inserted by section 6(a) of Act No. 83 of 1995]
| (b) |
Such meeting shall only be held after at least 21 days notice thereof to the parties referred to in paragraph (a)(i) and (ii). |
| (c) |
A meeting referred to in paragraph (a) shall be held in public and the parties concerned may appear in person at that meeting or may at their own expense be represented by counsel, an attorney or other duly authorized representative. |
[Section 16(3)(c) substituted by section 6(a) of Act No. 83 of 1995]
| (d) |
If the council directed any person under section 11 to give evidence at such meeting, that party may also be interrogated by any party referred to in paragraph (a)(i) and (ii) or by the counsel, attorney or representative of such party, as the case may be. |
| (4) |
An application is granted and a licence issued or amended, subject to the provisions of this Act, if the applicant satisfies the council— |
| (a) |
that the air service will be operated in a safe and reliable manner; |
| (b) |
[Section 16(4)(b) deleted by section 6(c) of Act No. 83 of 1995] |
| (c) |
that, subject to the provisions of, subsection (5), he— |
| (ii) |
if the applicant is not a natural person, is incorporated in the Republic and at least 75 per cent of the voting rights in respect of such person is held by residents of the Republic; |
[Section 16(4)(c) substituted by section 5(b) of Act No. 21 of 2008]
| (d) |
that the person referred to in paragraph (c) will be actively and effectively in control of the air service; and |
[Section 16(4)(d) substituted by section 6(d) of Act No. 83 of 1995]
| (e) |
that, subject to the provisions of subsection (6), the aircraft which will be used in operating the air service is a South African aircraft as defined in section 1 of the Aviation Act, 1962 (Act No. 74 of 1962). |
| (5) |
The council shall exempt an applicant, on the conditions determined by the Minister, from the provisions of subsection (4)(c) if the Minister, after considering an application on the prescribed form, directed the council to exempt such applicant. |
| (6) |
The council may, in its discretion, exempt an applicant from the provisions of subsection (4)(e) and issue or amend such licence subject to the conditions the council deems fit regarding the operation and maintenance of the aircraft concerned. |
[Section 16(6) substituted by section 6(e) of Act No. 83 of 1995]
| (7) |
The parties referred to in subsection (3)(a) may request the council to furnish reasons for the approval or refusal of the application for a licence: Provided that such reasons shall be furnished to the Commissioner for Civil Aviation free of charge. |
[Section 16(7) substituted by section 6(f) of Act No. 83 of 1995]
| (8) |
The council shall publish the prescribed particulars in respect of each licence issued or amended in terms of subsection (4) by notice in the Gazette. |
[Section 16(8) inserted by section 6(g) of Act No. 83 of 1995]
(9)
| (a) |
If an applicant ignores an order contemplated in subsection (3)(a) to appear before the council at a meeting or fails to appear on two successive occasions without furnishing reasons to the satisfaction of the council, or if an applicant fails to respond to a request contemplated in subsection (3)(aA)(i), and thereby delays the final adjudication of such application, the council may in its discretion order that the application be struck off the roll whereupon the applicant shall forfeit the application fee paid. |
| (b) |
If an application is struck off the roll in terms of paragraph (a) the applicant shall not be allowed to proceed on the same papers, but shall lodge a new application if he, she or it wishes to proceed therewith. |
[Section 16(9) inserted by section 6(g) of Act No. 83 of 1995]
[Section 16 substituted by section 3 of Act No. 15 of 1992]
Employment Equity Act, 1998
