The Civil Aviation Amendment Act, 2021 (Act 22 of 2021) is now in force, more than four years after it was signed. According to BusinessTech, President Cyril Ramaphosa signed the proclamation on 16 September 2026 and the Act took effect on the date it was gazetted, 12 October 2026. The Act itself says it commences on a date fixed by the President by proclamation, which is why it sat unused after publication in the Government Gazette on 6 April 2022.
For airlines, charter operators, aerodrome operators and other aviation businesses, the most direct change is a stronger security duty: the Act requires aviation participants to “develop and implement” an aviation security programme, where the old wording required them to “have” one. Non-compliance is a criminal offence, the old compliance-notice route is removed, and the regulator gains an environmental protection role. Any business in the sector should check its security programme, its record of implementing it, and its legal exposure now.
The security programme duty and penalties
We read the gazetted text of the Act. Section 29 amends section 111 of the principal Civil Aviation Act so that listed aviation participants must “develop and implement” an aviation security programme. A participant who fails to comply, or fails to follow the programme, commits an offence and is liable on conviction to a fine, imprisonment for up to 10 years, or both.
Penalty reporting differs. BusinessTech, citing law firm Cliffe Dekker Hofmeyr, says the penalty is a fine not exceeding R50,000 or imprisonment not exceeding 10 years. The Act text we read does not put a rand cap in section 111, and section 30 deletes the words “not exceeding R50 000.00” from section 112, which deals with breaches of the National Aviation Security Programme. Read together, the amended offence provisions refer to “a fine” without a stated ceiling. Businesses should take legal advice on the exact exposure rather than rely on the R50,000 figure.
The Act also deletes the provisions on compliance notices. BusinessTech reports that where the South African Civil Aviation Authority (SACAA) finds non-compliance, the Commissioner for Civil Aviation can apply to court to have the people responsible convicted of an offence. In other words, enforcement moves from a notice to fix a problem to a prosecution.
A new environmental role for SACAA
Section 11 of the Act amends the SACAA’s functions in section 72 of the principal Act. The regulator is now to “control and regulate civil aviation safety, security and environmental protection”, where the earlier text covered safety and security only. Cliffe Dekker Hofmeyr, quoted by BusinessTech, says industry should expect more regulation aimed at environmental protection, aligned with global standards. The Act does not itself set out environmental standards. Those would come through regulations or rules, and we found no published list of them.
A rebuilt accident investigation board
The Act replaces Chapter 4 of the principal Act, which governs the Aviation Safety Investigation Board, the body that investigates aircraft accidents and incidents. Cliffe Dekker Hofmeyr told BusinessTech that the earlier rules on structure and conflicts of interest hindered appointments.
Under the new Chapter 4:
- The board has a chairperson and at least four other members, appointed through a process that includes public participation in the nomination stage.
- The Minister of Transport must invite the public to apply or nominate candidates, then involve at least four aviation experts and the Commissioner to evaluate them. The experts draw up a shortlist of no more than 10 people.
- The Minister sends that list to Parliament, which interviews candidates and recommends at least seven names in order of preference, from which the Minister appoints the five members.
- The board’s objects are independent investigations, finding causes and contributing factors, and making safety recommendations. It must not apportion blame or liability, and its findings and evidence cannot be used against the people who gave it in civil, criminal or disciplinary proceedings.
Affected people can also appeal. Section 45 lets any person aggrieved by a board finding appeal in writing to an appeal committee within 60 days after the findings are published, and requires the board to reply in writing within 60 days of receiving a copy of the appeal. For operators involved in an accident investigation, that gives a formal route to challenge findings.
Other changes that affect operators
The Act makes the SACAA a preferential creditor for any money, fees, charges or levies collected on its behalf, if the collector is liquidated, placed in business rescue or placed under administration. It amends the Insolvency Act to match. A business that collects SACAA charges on the regulator’s behalf should note that those amounts rank ahead of other creditors if it fails.
Cliffe Dekker Hofmeyr, quoted by TopAuto, notes that South Africa has recorded no fatal accidents in commercial scheduled operations in more than 30 years, and says regulation must keep improving as accidents rise globally. That is the firm’s assessment, not a government statement.
What to do now
- Check that your aviation security programme is documented, current, and actually followed in practice, since failing to follow it is itself an offence.
- Watch for SACAA or Department of Transport regulations on environmental protection, and for the Minister’s call for nominations to the investigation board.
- If you collect SACAA fees or levies for the regulator, make sure they are ring-fenced and paid over on time.
More coverage of rule changes is in our Regulatory and Policy section.
