CemAir wins Civil Aviation Appeals Committee (CAAC) ruling against SACAA

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CemAir wins Civil Aviation Appeals Committee (CAAC) ruling against SACAA

Post by admin » Tue May 07, 2019 8:23 am

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Just to understand this ruling / judgement: The CAAC is a completely separate committee that reports directly to the Minister of Transport and is funded directly by the treasury. In my opinion, this was very bad judgement for the SACAA, because as an administrative body, The regulator failed comprehensively in its duties and the appeal committee picked them to pieces. There were five notices against CemAir all five were challenged and all five were set aside. Consequently, the damage the management of the SACAA has already done and continues to do by victimising professionals within the aviation industry in South Africa is alarming.

Clearly, the SACAA abused its position as the regulator and acted completely unlawfully. Reading the judgement it is abundantly clear that the appeal committee comprehensively found that this was the case for all action taken by the CAA in December 2018 and January 2019. Personally, I am grateful for the protection afforded to the citizens of the Republic of South Africa by the Constitution. Abuse of administrative power is nothing less than a precursor to a dictatorship, which is fast becoming the norm at State-Owned Enterprises (SOEs).

In my opinion, the SACAA is a deeply flawed organisation that has become bloated with the hiring of many people who are neither technically or academically qualified. This has been exacerbated by internal politics that has created an organisation that serves to an extent its own power as well as the primarily the interests of its management. Safety is subordinate, a convenient catchword for justifying the unjustifiable. Certainly, very few SACAA employees have any real interest in developing aviation in South Africa.

The idea that you need to keep the regulator ‘happy’ to continue operating in the aviation environment is something that is very African. When you read the judgement it is abundantly clear that CemAir did not break any regulations, whilst certain ‘officials’ within the inspectorate who are named in the report clearly have no idea about what they are regulating. This story is far from over and I personally believe that the CemAir case will become a catalyst to call the entire aviation industry to action so to stop the rot and return the SACAA to the authority it should be by performing to its clear mandate. Your input about this matter will be most welcome. Please send me an e-mail: editor@africanpilot.co.za with your observations and comments. Thank you.

The judgement can be found here: http://autobleep.com/cemair%20judgment.pdf

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