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

Chapter 4

Part 2 : Appointment of Members of Aviation Safety Investigation Board

18. Disqualification and removal of members of Aviation Safety Investigation Board

[Section 18 heading substituted by section 8 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) A person may not be appointed as a member of the Aviation Safety Investigation Board if he or she—
(a) is not a South African citizen or a permanent resident in the Republic;
(b) is a member of Parliament, any provincial legislature or any municipal council;
(c) is an office-bearer or employee of any party, movement or organisation of a party-political nature;
(d) is an unrehabilitated insolvent;
(e) has been declared by a court to be mentally ill or incapacitated;
(f) has at any time been convicted, whether in the Republic or elsewhere, of—
(i) theft, fraud, forgery or uttering a forged document, perjury, an offence in terms of the Prevention of Corruption Act, 1958 (Act No. 6 of 1958), the Corruption Act, 1992 (Act No. 94 of 1992), Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004 (Act No. 12 of 2004), or any other offence involving dishonesty; or
(ii) an offence under this Act;
(g) has been sentenced, after the commencement of the Constitution of the Republic of South Africa, 1996, to a period of imprisonment without the option of a fine; or
(h) has at any time been removed from an office of trust on account of misconduct.

 

(2) A member of the Aviation Safety Investigation Board may be removed from office by the Minister—
(a) for absence from three consecutive meetings of the Aviation Safety Investigation Board without the permission of the Chairperson of the Aviation Safety Investigation Board and without a good cause;
(b) if such a member becomes disqualified as contemplated in subsection (1);
(c) if such a member repeatedly fails to perform the duties of office efficiently;
(d) if, due to any physical or mental illness or any other cause, such member becomes incapable of performing the functions of that office or performs them inefficiently; or
(e) for misconduct.

 

(3) A member must vacate his or her office immediately if he or she—
(a) is convicted—
(i) whether in the Republic or elsewhere of murder, robbery, theft, fraud, forgery or uttering a forged document, perjury or any offence involving dishonesty; or
(ii) of any offence in terms of the Prevention and Combating of Corrupt Activities Act, 2004 (Act No. 12 of 2004), the Companies Act, 2008 (Act No. 71 of 2008), the Prevention of Organised Crime Act, 1998 (Act No. 121 of 1998), the Public Finance Management Act or of contravening this Act;
(b) is convicted of an offence during his or her term of office and sentenced to a period of imprisonment without the option of a fine; or
(c) becomes a political office bearer.

 

[Section 18 substituted by section 8 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]