Airports Company Act, 1993 (Act No. 44 of 1993)14. 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 12(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 in writing direct the company to comply with such provision within the reasonable period specified in such direction. |
[Section 14(3) substituted by section 15(a) of Act No. 2 of 1998]
| (3A) | If, at the expiry of such period the company could have so complied but failed to do so, the Committee may— |
| (a) | by notice in the Gazette, prohibit any action of the company in relation to its non-compliance with such provision; |
| (b) | 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 |
| (c) | if such failure substantially prejudices the public interest, in writing, suspend or withdraw, on such conditions as may be determined by the Committee, any permission issued in terms of section 12(5). |
[Section 14(3A) inserted by section 15(a) of Act No. 2 of 1998]
| (3B) | In the event of a suspension or withdrawal under subsection (3A)(c), the company shall perform all relevant activities in a manner that— |
| (a) | is efficient and orderly; and |
| (b) | ensures the safety of aviation and security of people. |
[Section 14(3B) inserted by section 15(a) of Act No. 2 of 1998]
| (3C) | If the company fails to perform any relevant activity in accordance with subsection (3B), the Committee may take all reasonable steps to ensure such performance, including the performance of such activity by a person other than the company. |
[Section 14(3C) inserted by section 15(a) of Act No. 2 of 1998]
| (4) | The Committee shall not act under subsection (3)(b), (3A) or (3C) unless— |
[Words preceding subsection (4)(a) substituted by section 15(b) of Act No. 2 of 1998]
| (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. |
| (5) | For the purpose of any investigation or adjudication contemplated in this section the Committee shall have such powers with regard to the summoning and examination of witnesses, the confidentiality of information and the production of documents and objects as may be prescribed by regulation under section 15(1). |
[Section 14(5) inserted by section 15(c) of Act No. 2 of 1998]