Chairperson, the hon Minister of Transport, hon chairperson of the portfolio committee, Mr Jeremy Cronin, and all members, it is an honour for me to participate in the debate on the Civil Aviation Bill of 2008.
The debate on this Bill is intended to result in a piece of legislation to inform the regime of the civil aviation industry. In the past two months this country has seen numerous aircraft accidents and incidents. Quite a number of persons have lost their lives during these accidents. The safety and security of our lives in the aviation industry is slowly and gradually becoming suspect. Our international safety record is crumbling.
Acknowledging and responding to this turn of events, the ANC-led government proposed to introduce measures to intervene and eventually tighten the screws and close the gaps within the aviation industry. Recognising our international standing, and as a signatory to international conventions, the current regime needed a complete repeal, hence this Civil Aviation Bill of 2008.
The Civil Aviation Bill of 2008, as it is presented to the House today, seeks to establish the South African CAA and the Aviation Security Investigation board. The CAA will have a safety and security oversight function and will be led by the director, who will be responsible for the general management and administration of the authority under the direction of the board, and the safety and security of the aviation industry under the direction of the Minister.
The CAA board is responsible for the corporate governance of the authority. It is a rare situation where the director of the CAA will be reporting to two masters on different matters handled by the same entity. This anomaly arises from the dictates of the International Civil Aviation Organisation. The possibility of contradictions was mitigated with the inclusion of the director as a board member. The relationship is such that he or she will report to the board on matters of safety and security in the civil aviation industry.
Given the nature and the complexity of the industry and the number of interested parties in the industry, further institutional arrangements were necessary to ensure that safety and security is not compromised. In this Bill, therefore, a further number of structures are created to deal with issues relating to safety and security. The Minister will institute a national aviation security committee whose object will be to advise the Minister with regard to aviation policy, review and make recommendations regarding the effectiveness of security measures and procedures and provide for co-ordination to ensure the proper and diligent implementation of the national aviation security programme.
The Minister will appoint one or more appeals committees consisting of three part-time members to consider and decide appeals. The Bill empowers authorised persons to effect, arrest of a person who has committed or is reasonably suspected to have committed any offence under this Act. These authorised persons are empowered to use force reasonably necessary under the circumstances to effect arrests against resistance or fleeing.
The authorised persons are, as defined in the Act, any member of the service as defined in the South African Police Service Act of 1995, any person appointed in writing by management of a designated airport with the approval of the Minister, any member of the SANDF, as defined in the Defence Act of 2002, any person designated in writing by the director of the South African CAA as an authorised person in terms of section 94(1) of this Act, or any person appointed by the Minister for purposes of this Act.
The Bill also provides for the institution of a civil aviation regulations committee to advise the Minister on proposals with regard to the introduction, amendment, or withdrawal of any regulation, the introduction, amendment, or withdrawal of any technical standard and any matter relating to civil aviation, including any such matter referred to it by the director. The committee may, subject to the approval of the director, establish such subcommittees as it may deem necessary for the performance of its functions.
Lastly, this Bill also provides for the establishment of the aviation safety investigation board to advance aviation transportation safety by conducting independent investigations, identifying safety deficiencies, making recommendations to reduce or eliminate any safety deficiencies, report publicly on its investigations and on the findings, promoting compliance with the provision of Annex 13 to the convention, investigating aircraft accidents and incidents, in compliance with the provisions of Annex 13 to the convention, and discharge all other functions and obligations in compliance with the provisions and procedures of Annex 13 to the convention.
Chairperson, this Bill seeks to give practical expression to a number of provisions of the Bill of Rights in our Constitution. This Bill talks to section 12(1)(c) on freedom and security of persons and section 24(a) and (b) on an environment that everyone has a right to. It is in this spirit that the rights of citizens are protected from the ills of the aviation industry. The institutional arrangements are meant to put people first in the conduct of aviation business within and beyond the borders of the Republic.
As the ANC, the only tested and trusted organisation interested in advancing the interest of the citizens, we will not pass legislation which has not been checked against the wishes of the people.
When we say the people shall govern, we really mean what we say. The ANC, therefore, supports the Civil Aviation Bill of 2008. I thank you.