The legislation took effect on 12 October 2026, bringing changes to aircraft accident investigations, pilot examinations, regulatory procedures and SACAA oversight.
South Africa's Civil Aviation Amendment Act 22 of 2021 came into force on 12 October 2026, introducing a revised framework for independent aircraft accident investigations and activating several previously deferred regulatory changes affecting pilots, operators and aviation organisations.
The Amendment Act updates the existing Civil Aviation Act 13 of 2009 rather than replacing it. Although published in April 2022, its commencement was deferred until Presidential Proclamation 354 of 2026 was published in Government Gazette No. 55536. The commencement also activated provisions of the 31st Amendment to the Civil Aviation Regulations and associated Civil Aviation Technical Standards (SA-CATS).
Independent Aircraft Accident Investigations
A central part of the legislation concerns the Aviation Safety Investigation Board (ASIB), which is intended to conduct aircraft accident and incident investigations independently of the South African Civil Aviation Authority (SACAA).
Although the original Civil Aviation Act of 2009 already provided for the ASIB, the Amendment Act replaces Chapter 4 with revised provisions governing its independence, responsibilities and investigative powers. The Board is required to operate without political or commercial interference, with investigations focused on establishing causes, identifying safety deficiencies and recommending measures to prevent similar occurrences. These investigations are intended to improve aviation safety rather than determine blame or civil or criminal liability, while regulatory enforcement remains a separate SACAA responsibility.
At the SACAA's State of Aviation media briefing on 13 October, Commissioner for Civil Aviation Poppy Khoza said the changes address a long-standing finding by the International Civil Aviation Organization (ICAO) concerning the independence of accident investigations from the regulator.
In an industry communiqué issued on 15 October, the SACAA confirmed that the Minister of Transport had announced the appointment of the ASIB. The Department of Transport is leading the separation and transition process, with further information on arrangements affecting the aviation industry to follow. The communiqué did not identify the appointed members or confirm when the operational handover would be completed.
The accompanying Part 12 regulations also address accident and incident reporting responsibilities. The pilot-in-command of an aircraft involved in an accident or incident in South Africa must notify the ASIB, an air traffic services unit or the nearest police station as soon as possible and within 24 hours. Where the pilot-in-command is deceased or incapacitated, responsibility passes to other crew members or, where necessary, the operator or aircraft owner. The revised framework also covers investigation procedures, evidence, safety recommendations and appeals against published ASIB findings.
General Aviation Safety
Khoza also provided an update on South Africa's general aviation accident figures during the 13 October briefing. The SACAA recorded 76 general aviation accidents in the 2025/26 financial year, compared with 133 in 2024/25, representing a 43% reduction. However, fatal accidents increased from 4 to 17, while fatalities rose from 7 to 24 during the same period.
According to the Commissioner, completed investigations continued to identify flight crew or human error, engine and other mechanical failures, and structural or airframe failures among the leading causes of accidents. Khoza also referred to the General Aviation Safety Strategy (GASS) and General Aviation Accident Reduction Seminars (GAARS), through which the SACAA and industry share safety information, examine identified risks and discuss lessons from accidents and incidents.
These figures cover the financial year preceding the commencement of the Amendment Act.
Changes Affecting Pilots and Operators
Beyond accident investigations, several of the associated amendments introduce changes relevant to pilots, aircraft owners, operators and aviation training organisations.
One concerns the time available to complete certain pilot examination requirements. Under SA-CATS 61, candidates who cannot meet the applicable 18-month theoretical examination cut-off period may apply for an extension of up to 60 calendar days. Qualifying circumstances include serious illness or injury, personal emergencies, bereavement and certain other circumstances beyond the candidate's control. Applications must be supported by evidence and submitted at least 7 days before the existing deadline.
A separate provision allows qualifying candidates to apply for an extension of up to 6 months to the applicable 36-month skills-test cut-off period. This applies to candidates obtaining a Private Pilot Licence, Commercial Pilot Licence or Grade III Flight Instructor Rating. Both extensions are subject to specified conditions and the Commissioner's approval; neither is automatic.
The amendments also revise the process for applying for regulatory exemptions. Applications must ordinarily be submitted at least 60 days before the proposed effective date, compared with the previous 30-day requirement, although shorter notice may be permitted on good cause shown. The Minister of Transport is responsible for granting exemptions following recommendations from the Commissioner, while the ordinary processing period has changed from 15 to 30 working days.
Appeal procedures have also been revised. Under the amended legislation, lodging an appeal against certain regulatory decisions does not automatically suspend the decision being challenged. The amendments also address appeals involving aviation medical certificates, including suspensions, cancellations, findings of unfitness and endorsements. Separately, changes to the SACAA's inspection and enforcement provisions cover regulatory compliance and circumstances in which aircraft operations or specified aviation privileges may be restricted.
SACAA Oversight and Other Regulatory Changes
The Amendment Act changes the statutory designation of the head of the SACAA from Director of Civil Aviation to Commissioner for Civil Aviation and expressly includes environmental protection oversight in the regulator's responsibilities alongside aviation safety and security. It also revises requirements concerning aviation security programmes, including provisions requiring specified aviation participants to develop and implement their programmes.
Changes to the SACAA's financial administration include revised procedures for determining and publishing fees and levies. Relevant charges must be published in the Government Gazette at least 4 months before coming into operation, while the associated regulations provide for a Fees Committee and stakeholder consultation procedures, including a public comment period of at least 30 days.
The SACAA's 15 October communiqué also confirmed that SA-CATS Amendments 2 and 5 of 2026 came into effect on 12 October. These cover several technical and operational areas, including accident investigations, pilot examinations, dangerous goods, aircraft noise certification and aeronautical information services.
Not all provisions in the wider regulatory package commenced on the same date. The Part 139 changes contained in the 31st Amendment, for example, had already come into operation in March 2025.
Key Points for Pilots and Operators
- Accident investigations: The revised ASIB framework provides for independent safety investigations. The Department of Transport is overseeing the transition, with further operational arrangements still to be communicated.
- Accident reporting: The pilot-in-command must report an accident or incident in South Africa as soon as possible and within 24 hours, using the notification routes specified in Part 12.
- Pilot examinations: Qualifying candidates may apply for extensions of up to 60 days for theoretical examination requirements or up to 6 months for specified skills tests. Applications must be made at least 7 days before the existing deadline, and approval is not automatic.
- Exemptions and appeals: Exemption applications ordinarily require at least 60 days' advance notice. Lodging an appeal against certain regulatory decisions does not automatically suspend those decisions.
- General aviation safety: Recorded GA accidents decreased from 133 to 76, but fatal accidents increased from 4 to 17 during the latest reported financial year.
