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

Chapter 6

Part 4 : General Provisions Regarding Civil Aviation Authority

94. Performance agreement between Minister, Civil Aviation Authority Board and Commissioner

[Section 94 heading substituted by section 21(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) The Minister, the Civil Aviation Authority Board and the Commissioner must in consultation enter into an agreement or agreements about the performance of the Civil Aviation Authority's functions in terms of this Act.

 

(2) The agreements contemplated in subsection (1) must be in writing and relate to—
(a) the Minister’s requirements in respect of the Civil Aviation Authority’s scope of business, efficiency, financial performance and achievement of objectives;
(b) the principles to be followed by the Civil Aviation Authority for the purposes of business planning;

[Section 94(2)(a)(b) substituted by section 21(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]

(c) such measures as may be necessary to protect the financial soundness of the Civil Aviation Authority;
(d) the principles to be followed at the end of a financial year in respect of any surplus in the accounts of the Civil Aviation Authority; and
(e) any other matter relating to the performance of the Civil Aviation Authority's functions under this Act.

 

(3) The Minister, the Civil Aviation Authority Board and the Commissioner may in writing, amend the performance agreement when necessary.

[Section 94(3) substituted by section 21(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]

 

(4) The Commissioner must publish a performance agreement referred to in subsection (1) and any amendment thereto in the Civil Aviation Authority website.

[Section 94(4) substituted by section 21(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]

 

(5) A copy of the performance agreement must be open to inspection by the public at the head office of the Civil Aviation Authority during business hours.

 

(6) [Section 94(6) deleted by section 21(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]