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

Chapter 11

Part 1 : Offences ad Penalties

142. Prohibition of conveyance of conventional arms, drugs or animal products in aircraft and interference with aircraft in flight in order to exercise criminal jurisdiction

 

(1)
(a) For the purposes of this section—
(i) "animal product" means any part or portion of, or product derived from, any animal, including any such part, portion or product in any processed form which is possessed contrary to the provisions of any other Act of Parliament or regulation promulgated in terms of such Act;
(ii) "drugs" means any drug as defined in section 1 of the Drugs and Drug Trafficking Act, 1992 (Act No. 140 of 1992), that has not been acquired, bought or possessed lawfully as contemplated in section 4 of that Act.
(b) For the purposes of this section the expression 'conventional arms' bears the meaning assigned thereto in section 1 of the National Conventional Arms Control Act, 2002 (Act No. 41 of 2002), but with the exception of any such conventional arms while being conveyed in an aircraft—
(i) on behalf of the State; or
(ii) by or on behalf of—
(aa) the Armaments Corporation of South Africa, Limited, referred to in section 2 of the Armaments Corporation of South Africa Limited Act, 2003 (Act No. 51 of 2003), or any undertaking or company established or promoted by the said corporation, or any member, director, employee or agent of that corporation or any such undertaking or company;
(bb) any person in his or her capacity as an officer or employee of the State; or
(cc) any person for the purpose of the Defence Act, 2002 (Act No. 42 of 2002).

 

(2) Except with the written permission of the Minister or a person in the service of the State authorised by the Minister and subject to such conditions as the Minister or such a person may determine, no person shall convey any conventional arms, drugs or animal product in an aircraft.

 

(3) An aircraft which upon reasonable grounds is believed to be engaged in conveying any conventional arms, drugs or animal product contrary to subsection (1), is subject to the provisions of the regulations with regard to the identification and interception of aircraft: Provided that any identification and interception of an aircraft shall take place with due regard to the provisions of Annex 2 of the Convention in respect of Marshalling Signals, Interception Manoeuvres and Orders of the Convention on Offences and certain other Acts committed on board Aircraft, 1963, entered into on 14 September 1963 in Tokyo.

 

(4) A Contracting State also being a signatory to the Convention on Offences and Certain Other Acts Committed on board Aircraft 1963 which is not the State of Registry may not interfere with an aircraft in flight in order to exercise its criminal jurisdiction over an offence committed on board, except in the following cases:
(a) The offence has an effect on the territory of such State;
(b) the offence has been committed by or against a national or permanent resident of such State;
(c) the offence is against the security of such State;
(d) the offence consists of a breach of any rules or regulations relating to the flight or manoeuvre of an aircraft in force in such State; or
(e) the exercise of jurisdiction is necessary to ensure the observance of any obligation of such State under a multilateral international agreement.

 

(5) Any authorised inspector or authorised officer or authorised person, may, without derogating from any power which he or she may have under the Criminal Procedure Act, at any aerodrome or place in the Republic, without a warrant—
(a) search any aircraft which he or she reasonably believes is used or have been used to convey any conventional arms, drugs or animal product contrary to subsection (1), and any cargo or goods on board such an aircraft;
(b) seize—
(i) any conventional arms, drugs or animal product found during a search carried out in terms of paragraph (a);
(ii) any aircraft on which such conventional arms, drugs or animal product are found; and
(iii) any other thing which in his or her opinion was used or is intended to be used for the commission, or in connection with the commission, of an offence in terms of this section; and
(c) arrest any person who is found on board an aircraft contemplated in paragraph (a) and whom he or she reasonably suspects of having committed an offence under this section or of attempting to commit such an offence, and for that purpose section 133(2) applies with the necessary changes.

 

(6) Any person who contravenes subsection (2) is guilty of an offence and liable on conviction to a fine or imprisonment for a period not exceeding 30 years or both such fine and imprisonment.

 

(7)
(a) Any conventional arms, drugs, animal product, aircraft or other thing seized under subsection (5)(b) must be forfeited to the State unless the court finds—
(i) in the case of such conventional arms, drugs or animal product, that they were not conveyed contrary to subsection (5)(b) and were not intended to be used for any unlawful purpose; or
(ii) in the case of such an aircraft or other thing, that it was not used or intended to be used for the commission, or in connection with the commission, of any offence.
(b) Anything forfeited in terms of paragraph (a) must be disposed of as the Minister may either generally or in any particular case order.
(c) Paragraph (a), in so far as it relates to an aircraft, does not affect the rights which any person other than a person accused of the contravention referred to in subsection (1) may have to such an aircraft, if he or she, within 30 days of the seizure, satisfies the Minister, by means of proof in writing submitted through the Director, that he or she did not know that the aircraft was used or intended to be used for the commission, or in connection with the commission, of any offence, or that he or she could not prevent such use.