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Civil Aviation Act, 2009 (Act No. 13 of 2009)

Chapter 8

Part 1 : Internal Appeal Against Decisions of Inspectors, Authorised Officers and Director

118. Appeal against decisions of authorised officers, authorised persons or inspectors

[Section 118 heading substituted by section 35(a) of the Civil Aviation Amendment Act, 2021, Notice No. 956, GG46205, dated 6 April 2022, by Commencement Proclamation Notice 354, GG55536, dated 12 October 2026]

 

(1) Any aggrieved person or entity whose rights have been detrimentally affected as contemplated in section 117(2) may appeal against a decision of an inspector, authorised officer or authorised person to, inter alia—

[Words preceding section 118(1)(a) substituted by section 35(b) of the Civil Aviation Amendment Act, 2021, Notice No. 956, GG46205, dated 6 April 2022, by Commencement Proclamation Notice 354, GG55536, dated 12 October 2026]

(a) [Section 118(1)(a) deleted by section 35(c) of the Civil Aviation Amendment Act, 2021, Notice No. 956, GG46205, dated 6 April 2022, by Commencement Proclamation Notice 354, GG55536, dated 12 October 2026]
(b) [Section 118(1)(b) deleted by section 35(c) of the Civil Aviation Amendment Act, 2021, Notice No. 956, GG46205, dated 6 April 2022, by Commencement Proclamation Notice 354, GG55536, dated 12 October 2026]
(c) suspend, or endorse such person’s or entity’s registration, licence, certificate, approval or authorisation in terms of this Act;

[Section 118(1)(c) substituted by section 35(d) of the Civil Aviation Amendment Act, 2021, Notice No. 956, GG46205, dated 6 April 2022, by Commencement Proclamation Notice 354, GG55536, dated 12 October 2026]

(d) [Section 118(1)(d) deleted by section 35(e) of the Civil Aviation Amendment Act, 2021, Notice No. 956, GG46205, dated 6 April 2022, by Commencement Proclamation Notice 354, GG55536, dated 12 October 2026]
(e) ground an aircraft or close an aviation related facility in terms section 115(1); or
(f) prohibit the exercising of certain privileges of any aviation certificate, permit or authorisation in terms of section 116(1).

 

(2) An appeal in terms of subsection (1) must be lodged with the Commissioner within days after the furnishing of reasons for the decision.

[Section 118(2) substituted by section 35(f) of the Civil Aviation Amendment Act, 2021, Notice No. 956, GG46205, dated 6 April 2022, by Commencement Proclamation Notice 354, GG55536, dated 12 October 2026]

 

(3) The Commissioner must within 14 days of receiving such appeal in writing confirm, vary or set aside the decision of the authorised officer, authorised person or inspector.

[Section 118(3) substituted by section 35(f) of the Civil Aviation Amendment Act, 2021, Notice No. 956, GG46205, dated 6 April 2022, by Commencement Proclamation Notice 354, GG55536, dated 12 October 2026]

 

(4) The Commissioner must within 14 days furnish written reasons to the appellant for any decision taken in terms of subsection (3).

[Section 118(4) substituted by section 35(f) of the Civil Aviation Amendment Act, 2021, Notice No. 956, GG46205, dated 6 April 2022, by Commencement Proclamation Notice 354, GG55536, dated 12 October 2026]

 

(5) Any person aggrieved by a decision taken in terms of subsection (3) may appeal against such decision within 30 days of receipt of the reasons referred to in subsection (4) to an appeal committee contemplated under section 122.

[Section 118(5) substituted by section 35(f) of the Civil Aviation Amendment Act, 2021, Notice No. 956, GG46205, dated 6 April 2022, by Commencement Proclamation Notice 354, GG55536, dated 12 October 2026]

 

(6) In adjudicating the appeal contemplated in subsection (3) the Commissioner may afford the appellant—

[Words preceding section 118(6)(a) substituted by section 35(g) of the Civil Aviation Amendment Act, 2021, Notice No. 956, GG46205, dated 6 April 2022, by Commencement Proclamation Notice 354, GG55536, dated 12 October 2026]

(a) a reasonable opportunity to make representations;
(b) the opportunity to present and dispute information and arguments; and
(c) the opportunity to appear in person.

 

(7) The Commissioner may on good cause shown condone any non-compliance with the time period contemplated in subsection (2).

[Section 118(7) substituted by section 35(h) of the Civil Aviation Amendment Act, 2021, Notice No. 956, GG46205, dated 6 April 2022, by Commencement Proclamation Notice 354, GG55536, dated 12 October 2026]

 

(8)

(a) If the Commissioner sets aside any decision of an authorised officer, authorized person or inspector, the fees referred to in section 121 must be refunded to the appellant.
(b) If the Commissioner varies any such decision, he or she may direct that the whole or any part of such fees be refunded to the appellant.

[Section 118(8) substituted by section 35(h) of the Civil Aviation Amendment Act, 2021, Notice No. 956, GG46205, dated 6 April 2022, by Commencement Proclamation Notice 354, GG55536, dated 12 October 2026]

 

(9) [Section 118(9) deleted by section 35(i) of the Civil Aviation Amendment Act, 2021, Notice No. 956, GG46205, dated 6 April 2022, by Commencement Proclamation Notice 354, GG55536, dated 12 October 2026]