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

Chapter 6

Part 2 : Civil Aviation Authority Board

77. Appointment of members of Civil Aviation Authority Board

 

(1) The Civil Aviation Authority Board consists of the Director and seven members appointed by the Minister, of whom—
(a) one must be the non-executive chairperson who is appointed for a term of three years and shall on the expiration of such term be eligible for reappointment for one further term only;
(b) one must be, if the Minister specifies an office in the department for the purpose of this subsection, the person for the time-being holding that office;
(c) one must be a person with suitable expertise in human resources management;
(d) two persons representative of the civil aviation industry with suitable—
(i) financial expertise; and
(ii) operational expertise;
(e) one person must be a legally qualified person with expertise in aviation law; and
(f) one must be a person with civil aviation acknowledged technical competencies involved in organised labour from the aviation industry.

 

(2)
(a) The members of the Civil Aviation Authority Board contemplated in subsection (1)(a) to (f) are part-time members of the Civil Aviation Authority Board and hold office for a period not exceeding three years, on the conditions determined by the Minister upon appointment of such member.
(b) An appointed member of the Civil Aviation Authority Board may be re-appointed for a further period not exceeding three years, in which case the procedure contemplated in subsection (3)(a) does not apply.
(c) Notwithstanding subparagraph (b) the Minister may extend the term of office of any appointed member by a further period of not more than six months in order to finalise the appointment of a new Civil Aviation Authority Board.

 

(3) The members contemplated in subsection (1)(a) and (1)(c) to (f) may be appointed only after—
(a) the Minister has by notice in the Gazette and the media invited interested parties to nominate persons suitable for appointment;
(b) the Minister is satisfied that the person has suitable experience or possesses the qualifications as referred to in subsection (1)(c), to (e); and
(c) The Minister has compiled a list of not more than ten members eligible for appointment to the Civil Aviation Authority Board and publish such list in the Gazette for public comment for a period of not less than 30 days, and notified Parliament accordingly.

 

(4) After receipt of the comments referred to in subsection (3)(c), the Minister must appoint the members of the Civil Aviation Authority Board and notify Parliament of such appointment within 30 days.

 

(5) The members of the Civil Aviation Authority Board referred to in subsection (1), with the exception of the Director and member referred to in subsection (1)(b), must not be in the full-time service of any organ of state or public entity as referred to in Schedule 2 and 3 of the Public Finance Management Act.

 

(6) Members of the Civil Aviation Authority Board must be South African citizens.

 

(7) In the of the functions and performance of the responsibilities referred to in this Act the Civil Aviation Authority Board is accountable solely and directly to the Minister.