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

Chapter 6

Part 4 : General Provisions Regarding Civil Aviation Authority

98. Conflict of interest

 

(1) Any person appointed to perform any function in terms of this Act or the regulations must upon such appointment and thereafter, in writing, annually or as and when such conflict may occur, disclose to the Director details of all employment, positions, offices, allegiances, interests or any activities, which may compromise his or her independence in carrying out his or her duties and functions in terms of this Act.

 

(2) Should any interest referred to in subsection (1) which, may compromise his or her independence in carrying out his or her duties and functions in terms of this Act, vest in a person referred to in that subsection, by way of gift, will, succession or otherwise, such interest must be absolutely disposed of within three months of such vesting.

 

(3) If any person referred to in subsection (1) discloses an interest contemplated in subsection (1), the Director may take such steps as he or she considers necessary to ensure a fair, unbiased and proper exercise of the functions of such person in terms of this Act.

 

(4) If any person referred to in subsection (1) fails to disclose an interest contemplated in subsection (1), the Director must take disciplinary steps against such person.

 

(5) A person referred to in subsection (1) or his or her spouse, immediate family member, life partner or business associate, may not hold any direct or indirect financial interest in any civil aviation activity or the civil aviation industry without the prior written approval of the Director.

 

(6) A person referred to in subsection (1) may not, directly or indirectly as owner, shareholder, director, officer, partner or otherwise—
(a) be engaged in an aviation undertaking or business; or
(b) have an interest in an aviation undertaking or business or an interest in the manufacture or distribution of aviation plant or equipment, except where the distribution is merely incidental to the general merchandising of goods.

 

(7) A person may not be assigned and a person may not accept an assignment where there exists reason to believe such function could constitute a conflict of interest unless—
(a) full disclosure of the circumstances of the possible conflict are made in writing to the Director, and
(b) the assignment has been approved by the Director and carried out in accordance with such conditions as may be specified by the Director.

 

(8) The approval granted in subsection (5) is open to inspection by the public at the head office of the Civil Aviation Authority during business hours.