Civil Aviation Act, 2009 (Act No. 13 of 2009)Chapter 8Part 2 : Appeal Committees122. Composition of appeal committees |
| (1) | The Minister must appoint one or more appeal committees to consider and decide appeals. |
| (2) |
| (a) | An appeal committee consists of— |
| (i) | a person with not less than ten years' experience as an attorney or advocate, who is the presiding officer; and |
| (ii) | two other persons. |
| (b) | The members of an appeal committee are appointed on a part-time basis. |
| (3) | In appointing the members contemplated in subsection (2)(b) the Minister must have regard to such person's technical knowledge, experience in a field related to aviation or any special skills, qualifications, expertise or experience in matters concerning aviation. |
| (4) | The members contemplated in subsection (2)(a) and (b) may be appointed only after— |
| (a) | the Minister has by notice in the Gazette and the media invited interested parties who are eligible for appointment to apply; and |
| (b) | the Minister is satisfied that the applicants contemplated in paragraph (a) has suitable experience or possesses the qualifications as referred to in subsection (2)(a) and (3). |
| (5) | An appellant, a person employed by the appellant, the Director, an employee of the Civil Aviation Authority, a member of the Civil Aviation Authority Board, a member of any committee of the Civil Aviation Authority Board or a civil servant may not be appointed as a member of an appeal committee. |
| (6) | A person appointed under subsection (1) may be disqualified as a member of an appeal committee if he or she has any direct or indirect personal interest in the outcome of that appeal. |
| (7) | A member of an appeal committee holds office for a period of three years and is, on the expiration of such member's term of office, eligible for reappointment. |
| (8) | The Minister may terminate the period of office of a member of an appeal committee— |
| (a) | if the performance of the member is unsatisfactory; or |
| (b) | if the member, either through illness or for any other reason, is unable to perform the functions of office effectively. |
| (9) | The Minister may, if the performance of an appeal committee is unsatisfactory, terminate the period of office of all the members of that appeal committee. |
| (10) | In the event of the termination of office of all the members of an appeal committee, the Minister may appoint persons to act as caretakers until competent persons are appointed in terms of subsection (1). |
| (11) | The Minister must, subject to subsection (3), appoint a temporary replacement member for an appeal committee if, before or during an appeal, it transpires that any member of the appeal committee— |
| (a) | has any direct or indirect personal interest in the outcome of that appeal; or |
| (b) | will, due to illness, absence from the Republic or for any other good reason be unable to participate or continue to participate in that appeal. |
| (12) | The National Treasury is responsible for the expenditure of an appeal committee. |