Aviation in SA falls under the auspices of the Department of Transport, which in turn controls a number of state-owned companies, all of which have been created by statute and which regulate different aspects of aviation in SA. The Airports Company of South Africa Limited (ACSA) owns and operates all major aerodromes in the country and is responsible for the infrastructure and services provided at these airports. The Air Traffic and Navigation Services Company Limited (ATNS) is responsible for managing air traffic control. The Air Services Licensing Council controls the market entry of domestic air transport carriers and the International Air Services Council is responsible for the economic regulation of all international air carriers operating in SA.
A new Civil Aviation Act was promulgated in June 2009. It consolidates the former Aviation Act, the Civil Aviation Offences Act and the South African Civil Aviation Authority Act, all of which have been repealed. The new Act brings SA legislation into line with regulations passed by ICAO. The most significant change brought about by the new Act is the establishment of an Aviation Security Investigation Board which has far-reaching powers in relation to the investigation of accidents, the identification of safety deficiencies and recommendations to rectify such deficiencies. The Board will function as a watchdog to ensure that aircraft owners and operators, and airline and airport operators meet internationally accepted safety standards. The Act also provides for the implementation of a National Aviation Security Program which envisages the aviation industry taking on the burden of implementing national security measures. All airports, air traffic navigations services and air carriers will be required to develop and implement their own national security programs and will be subjected to compliance inspections by the Department of Transport. SA is a party to the Chicago Convention.
Bell Dewar Inc is a relative newcomer to the field of Aviation Law but in the three years it has been offering services in this field, it has made serious inroads into a small South African legal market traditionally dominated by two or three firms. The firm represents Clyde & Co of London, the world's leading aviation firm, in SA in relation to accident/claims work. Clyde & Co's wealth of experience in the industry, coupled with Bell Dewar's drive to carve out a niche for itself in the local market, differentiates Bell Dewar from its competitors.
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Bell Dewar's service offering in the field of Aviation law includes:
- Aviation litigation and arbitration: our main area of expertise is accident and claims work, insurance, product liability, aircraft lease termination and repossession and enforcement of security
- Financial services: we advised on and drafted the engineering, procurement and construction contract and the subcontracts and maintenance contracts for the King Shaka Airport in KwaZulu Natal, SA on behalf of the principal contractor
- Regulatory and compliance: including environmental and competition; we acted in the first action ever brought in SA for damages arising from a decision of the Competition Tribunal pertaining to abuse of dominance by South African Airways against its competitors and have been involved in complaints lodged with the Competition Commission regarding alleged prohibited practices involving access to landing facilities.
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