Air Traffic and Navigation Services Company Act, 1993 (Act No. 45 of 1993)13. Failure of company to comply with provisions |
| (1) | Any person who feels aggrieved by the failure of the company to comply with any provision of section 5(2) or 11(1) or (12), may lodge with the Committee a complaint, which shall be accompanied by proof of the failure. |
| (2) | On receipt of any such complaint, or if the Committee on reasonable grounds suspects that the company fails so to comply, the Committee shall investigate such complaint or suspicion. |
| (3) | If after such an investigation the Committee is satisfied that the company fails to comply with any provision mentioned in subsection (1), the Committee may— |
| (a) | in writing direct the company to comply with such provision within the period determined by the Committee; |
| (b) | by notice in the Gazette, declare unlawful any action of the company in relation to its non-compliance with the said provision; |
| (c) | in writing direct the company to compensate for any loss sustained by or damage done to any person as a result of such action of the company; or |
| (d) | in writing withdraw or suspend, on such conditions as may be determined by the Committee, any permission issued in terms of section 11(5). |
| (4) | The Committee shall not act under subsection (3)(b), (c) or (d) unless— |
| (a) | the Committee has notified the company in writing of its intention to take such action; and |
| (b) | the Committee has given the company 'the opportunity to address representations to the Committee, within the period determined by the Committee, in respect of the said non-compliance. |