[Section 85 heading substituted by section 18 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) |
The Minister must appoint a Commissioner from a list of no more than three names recommended by the Civil Aviation Authority Board, in accordance with a prescribed procedure. |
| (2) |
When appointing the Commissioner in terms of subsection (1), the Minister must take into account such person’s management and aviation technical knowledge and experience. |
| (3) |
The Commissioner holds his or her office for a period not exceeding five years. |
| (4) |
The Commissioner is appointed on such conditions as may be determined by the Minister. |
| (5) |
The Commissioner may be reappointed at the expiry of his or her term of office for a further period not exceeding five years. |
| (6) |
The Commissioner holds office on a full-time basis. |
| (7) |
The Commissioner must be a South African citizen who is a fit and proper person to hold such office and must obtain a top secret security clearance. |
| (8) |
The Commissioner may not engage in any other paid employment and may not participate in any activity in respect of which he or she is in any way remunerated or receives any benefits or allowances without prior written approval of the Civil Aviation Authority Board and the Minister. |
| (9) |
The Minister may, at any time, discharge the Commissioner from office— |
| (a) |
if the Commissioner repeatedly fails to perform the duties of office efficiently; |
| (b) |
if he or she materially fails to comply with the conditions of the performance agreement entered into as contemplated in section 94; |
| (c) |
if he or she, due to any physical illness or any other cause becomes incapable of performing the functions of office of the Commissioner or performs them inefficiently; or |
| (10) |
The Commissioner must vacate office immediately if he or she— |
| (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), 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. |
| (11) |
The Civil Aviation Authority Board may suspend the Commissioner, pending the outcome of an investigation. |
[Section 85 substituted by section 18 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]
Employment Equity Act, 1998
