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21 September 2025

Judgement Reserved for Three Weeks in Application Against 12-Year Engine Rule

Issued 18 September 2025, by the AIC 18.19 Task Team under the collective auspices of the Commercial Aviation Association of South Africa (CAASA), the Aeroclub of South Africa, the Aviation Watch Action Committee, the Aviation Action Group and Concerned Aircraft Owners, Pilots, Engineers and Operators.

After a two-day hearing in the Pretoria High Court, a judgment was reserved in the 12-year engine overhaul application by The Hon. Acting Judge Dingenus van den Bogert on Friday, 12 September 2025.

The legal team representing five Industry representative bodies comprising Adv. Sarel Bekker (SC), Adv. Anna-Lize Lourens, and attorney Grant Naudé, put up a formidable effort.

The owners and operators of 1,372 general aviation aircraft with engines that have been idle for months now will have to brace against the inevitable side effects for another three weeks until the final decision is made known. In the meantime, workshops and employers in the downstream sectors of general and light commercial may have to seek counsel on how to deal with potential widespread layoffs.

The SACAA in opposition argued for the non-revocation of the dreaded 12-year engine overhaul rule, as made applicable by SA-CARS 43.02.5 and the corresponding SA-CATS 43.02.5, without proving the safety case.

Their arguments centred mainly around administrative law principles and due process. At this stage, the AIC 18.19 Task Team that brought the application is reluctant to make a speculative statement that may be sub-judice. Overall, the Industry has demonstrated that all interested and affected parties can and will act in unison and maintain solidarity when necessary.

One of the main principles pursued through the collective action is that policies and regulations cannot be passed outside the principles and parameters of prior broad-based consultative processes with experts and all interested and affected parties, that the industry has the right to insist on decisions in the national best interest and in compliance with international best practice, and that consensus cannot be disregarded or dismissed as a trivial pursuit.

Whether an Alternative Means of Compliance (AMOC) in accordance with the mitigative tenets of Aeronautical Information Circular (AIC) 18.19 will translate into another of 27 ‘differences’ that can be legally filed with ICAO and included in the Aeronautical Information Publication (AIP), remains to be seen.

𝗧𝗵𝗲 𝗰𝗼𝗹𝗹𝗲𝗰𝘁𝗶𝘃𝗲 𝗜𝗻𝗱𝘂𝘀𝘁𝗿𝘆 𝗺𝗲𝗮𝗻𝘄𝗵𝗶𝗹𝗲 𝗰𝗮𝗹𝗹𝘀 𝗼𝗻 𝗺𝗲𝗺𝗯𝗲𝗿𝘀 𝗮𝗻𝗱 𝘀𝘂𝗽𝗽𝗼𝗿𝘁𝗲𝗿𝘀 𝘁𝗼 𝗲𝘅𝗲𝗿𝗰𝗶𝘀𝗲 𝗰𝗮𝘂𝘁𝗶𝗼𝗻 𝗮𝗻𝗱 𝗽𝗮𝘁𝗶𝗲𝗻𝗰𝗲.

As inactive aircraft engines need special precautions, and pilots and owners may become rusty, precautionary measures and proficiency training are recommended to deal with emergencies due to the increased propensity.

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