Civil Aviation Act, 2009 (Act No. 13 of 2009)Chapter 13 : Powers of Commander on Board Aircraft and Penalties in Connection with any Contravention therewith154. Powers on board aircraft |
| 1) | The commander of an aircraft in flight must, when he or she on reasonable grounds believes that any person on board the aircraft— |
| a) | has done or is about to do any act, which jeopardises or may jeopardise the safety of the aircraft, the safety of persons or property on board or the good order and discipline on board the aircraft; or |
| b) | has committed any act which is a serious offence under the law in force in the State of Registry of the aircraft, take such measures, including restraint of that person, as may be necessary— |
| i) | to protect the safety of the aircraft or of persons or of property on board the aircraft; |
| ii) | to maintain good order and discipline on board the aircraft; or |
| iii) | to enable him or her to disembark or deliver that person in accordance with subsection (5). |
| 2) | The commander may require or authorise the assistance of other crew members and may request or authorise, but may not require, the assistance of passengers to restrain any person whom the commander is entitled to restrain under subsection (1). |
| 3) | Any crew member or passenger may, without the authorisation of the commander, take in respect of any person on board the aircraft any reasonable preventive measures which he or she believe, on reasonable grounds, that are immediately necessary to protect the safety of the aircraft or of persons or of property on board the aircraft. |
| 4) | Any restraint imposed on any person in terms of subsections (1) and (2) and (3), may not be continued with after the aircraft has ceased to be in flight unless— |
| a) | for the purposes of disembarking or delivering such person under restraint to the appropriate authorities in terms of subsection (5); or |
| b) | the person under restraint has agreed to continue the journey under restraint on board that aircraft. |
| 5) | The commander of an aircraft may, in relation to the person mentioned in subsection (1)— |
| a) | disembark that person in any country in which that aircraft may be; and |
| b) | deliver that person— |
| i) | in the Republic, to a member of the South African Police Services, or to an immigration officer; or |
| ii) | in any other Convention country, to an officer having functions corresponding to the functions, in the Republic, either of such a member or of an immigration officer. |
| 6) | The commander of an aircraft— |
| a) | who disembarks a person in terms of subsection (5) must report the disembarkation and the reasons thereof, to the appropriate authority in the country of disembarkation and the diplomatic or consular offices of the country of nationality of that person; or |
| b) | if he or she intends to deliver such a person to the officer indicated in subsection (5)(b), the Commander must give notice of his or her intention including his or her reasons, to that officer, before or as soon as reasonably practicable after landing. |
| c) | must furnish the appropriate authority in the country of disembarkation with evidence and information which, under the laws of the State of Registry of the aircraft, are lawfully in his or her possession. |
| 7) | Any commander of an aircraft who without reasonable cause fails to comply with the requirements of subsection (5) is guilty of an offence and on conviction is liable to a fine or imprisonment for a period not exceeding six months or to both such fine and imprisonment. |
| 8) | Nothing contained in this section shall prejudice the admission as evidence of any statement which is admissible in evidence apart from this section. |