SA runs the risk of being denied access to US and EU airspace should it continue contravening laws that govern the investigation of civil aviation accidents.
Such a move would devastate tourism between SA and its key trading partners.
The risk, identified by the department of transport in its draft civil aviation policy, means EU and US airlines could also be barred from entering SA’s airspace, forming a double-edged sword pointed at Africa’s largest economy, which identifies tourism as a key economic growth lever.
This risk, which the department of transport will table before the cabinet, exists because SA has not established an independent body to investigate aviation accidents and incidents as required by annex 13 to the Chicago Convention, which demands accident investigations be conducted independently and impartially.
That task is carried out by the Civil Aviation Authority, which is insufficiently independent of the government, according to the Chicago Convention.
The draft policy said one of the risks facing the industry is the “non-independence” of the accident and incident investigation unit.
“This could lead to SA obtaining an audit finding of a serious safety concern. As a result, SA airlines will not be allowed to fly into the US and EU airspace. Similarly, US and EU airlines will not fly into SA airspace due to safety concerns,” the draft policy states.
To mitigate this, the department said it was in “continuous” engagement with the Treasury to allocate funds for the establishment of such a unit.
A cabinet memo should be drawn up “to indicate the safety implications of not having an independent entity as required by annex 13 of the Chicago Convention”, the document states.
As a bloc, the EU is one of SA’s largest trading partners and the source of much investment in the country, while the US and SA enjoy two-way trade of about $20bn.
The policy document shows that the department of transport has set 2027 as a target to set up an independent entity for the aircraft accident and incident investigation unit. To bulk up safety and security measures, the department has proposed that Air Traffic Navigation Services (ATNS) has the sole responsibility for airspace management.
“Private service providers offering air navigation services within the SA airspace compromise the national airspace control provided by ATNS, posing national security risks,” the department said.
“ATNS shall have the sole mandate for civil airspace management, to mitigate the national security risks that arise from the fragmentation created by the existence of multiple air navigation service providers.”
Tighten rules
The department wants to tighten rules on stopover rights, which it says could affect the SA domestic market, as passengers that could be carried by SA airlines between domestic points could be lost to foreign airlines.
“Exercise of the rights will further erode the SA air transport market value, thus making it difficult to protect the local air transportation industry and safeguard national interest.
“Passengers on international stopovers in a domestic point in SA pose a challenge to the Border Management Authority when processing such passengers,” the document says. Stopover rights granted in bilateral air services arrangements should be withdrawn, it says.
Bilateral air services regulation of international air transport is influenced by global practices, such as the “open skies” agreements initiated by the US, and the Horizontal Agreement led by the European Commission, it notes.
“Opening the skies with the US and EU could harm the SA industry. Therefore, gradual liberalisation of air markets with these regions is recommended,” the document reads.
“The KwaZulu-Natal and Western Cape provinces have offered incentives in the form of airport charges waivers to some foreign airlines to incentivise the provision of direct operations,” it said.
“A rationalised approach is needed to ensure SA airlines also derive benefits from such schemes while the respective provinces address connectivity challenges backed by business cases.”
The department said stopover rights already granted in bilateral air services arrangements should be withdrawn.
Several SA airlines, including national carrier SAA, have faced headwinds over the past five years. SAA entered business rescue in December 2019 — a process from which it has since successfully emerged. The same cannot be said about SA Express Airways and Comair, which were liquidated.
According to the policy document, the civil aviation sector supports about 490,000 jobs and contributes about R154bn to GDP.
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