Civil Aviation Act, 2009 (Act No. 13 of 2009)Chapter 4Part 2 : Appointment of Members and Staff of Aviation Safety Investigation Board, Procedure and Requirements in Appointing Members, Filling of Vacancies, Remuneration and Duties of Members and Conflict of Interest of Members15. Procedure and requirements in appointing members of Aviation Safety Investigation Board, filling of vacancies and term of office |
| (1) | The Aviation Safety Investigation Board consists of a Chairperson, Deputy Chairperson and three other members appointed in accordance with the following principles, namely— |
| (a) | participation by the public in the nomination and evaluation process; and |
| (b) | transparency and openness taking into account the objects and principles of this Act. |
| (2) |
| (a) | Before the members of the Board are appointed, the Minister must, through the media, invite members of the public to apply or nominate persons for appointment to the Aviation Safety Investigation Board and who comply with the criteria contemplated in subsection (3). |
| (b) | The Minister must after receipt of the nominations and applications contemplated in paragraph (a) invite at least four aviation experts and the Director to assist in the selection and evaluation of members eligible for appointment to the Aviation Safety Investigation Board. |
| (c) | The aviation experts referred to in paragraph (b) must compile a shortlist consisting of no more than ten persons. |
| (d) | The aviation experts must submit the shortlist to the Department for publication in the Gazette for public comment for a period of not less than 30 days, and the Department must notify Parliament accordingly. |
| (e) | The Minister must, after the period allowed for public comment and consideration thereof as contemplated in paragraph (d), appoint the members as referred to in subsection (1) from a list compiled by the aviation experts. |
| (f) | The Minister must, within 30 days from the date of appointment of the members of the Aviation Safety Investigation Board, notify Parliament of such appointment and publish such appointment in the Gazette. |
| (g) | The aviation experts contemplated in paragraph (b) may include— |
| (i) | a person with knowledge of and experience in the aviation industry; |
| (ii) | a person with knowledge of and experience in aviation accident and incident investigations; |
| (iii) | a person with a legal background; and |
| (iv) | a person with civil aviation acknowledged technical competencies involved in organised labour from the aviation industry. |
| (h) | An aviation expert contemplated in paragraph (b) receives such remuneration or allowances as may be determined by the Minister after consultation with the Minister of Finance. |
| (3) | Members appointed to the Aviation Safety Investigation Board must be persons who— |
| (a) | are committed to fairness, freedom of expression, openness and accountability on the part of those entrusted with the governance of a public service; |
| (b) | when viewed collectively be knowledgeable of aviation transportation having regard to the following factors: |
| (i) | Technical knowledge in matters relating to civil aviation; |
| (ii) | special skills, professional standing, expertise or experience in matters concerning civil aviation; and |
| (iii) | possess suitable qualifications, expertise and experience in the field of aviation accident and incident investigation or any other relevant expertise or qualifications; and |
| (c) | have proven knowledge in accident reconstruction, safety engineering, civil aviation safety or transportation regulations. |
| (4) | In fixing a term of appointment or reappointment, the Minister must endeavour to ensure, to the extent that it is practical to do so, that, notwithstanding periodic changes in the membership of the Aviation Safety Investigation Board, it remains constituted of persons who have had previous experience as members of the Board. |
| (5) | Any vacancy on the Aviation Safety Investigation Board arising by virtue of the provisions of section 16(3) or caused by the death of a member, or for any other reason must, be filled by the appointment by the Minister in terms of section 15(2) of another person for the unexpired portion of the period for which the vacating member was appointed. |
| (6) | The Minister may appoint from the list contemplated in subsection (2)(d) any eligible person to act— |
| (a) | in any member's stead; or |
| (b) | in a temporary capacity in any vacancy in the Aviation Safety Investigation Board, for such period as the Minister may determine. |
| (7) | The Chairperson and Deputy Chairperson are full time members and are appointed by the Minister for a term of five years and may on the expiration of such term be eligible for one further term only. |
| (8) | A member of the Aviation Safety Investigation Board is a part time member and must hold office for a term not exceeding three years and is on expiration of such member's term of office eligible for reappointment. |