30 Mar 2022

The Ministry of Transport and Communications is working on standardising aviation laws to conform to the International Civil Aviation Organisation (ICAO).

It was against such backdrop that transport and communications minister, Mr Thulagano Segokgo presented the Civil Aviation (Amendment) Bill 2021 for second reading in Parliament on Tuesday.

Mr Segokgo told the house that Civil Aviation Authority of Botswana (CAAB) had been conferred with a mandate to advise government on all issues relating to civil aviation as well as the country’s obligations arising from international conventions to which Botswana was party.

The CAAB, he said must perform its functions in a manner consistent with the obligations of Botswana under the Chicago Convention and any other agreement between the country and others.

He said the Chicago Convention and its standards recommended practices were the foundation of civil aviation framework hence it was important that ICAO periodically issued requirements and amendments to requirements contained in the standards and recommended practices.

Consequently, he said contracting states were required to periodically update their laws to bring them to conformity with requirements issued by ICAO.

He added that the last amendment of the Civil Aviation Act was in 2011 thus 11 years had elapsed without aligning the legislation with new requirements issued by ICAO.

In 2018, he said, ICAO conducted a safety audit in the country which covered eight critical elements including the legislation and regulations as such the Civil Aviation Act was found to be defective in several areas being the definitions, unspecified key responsibilities of the CAAB in the Act, alignment with key corporate governance principles and enhancement of provisions dealing with air navigation services and publication of aeronautical charts.

The fifth deficiency was the provision of aeronautical meteorological services, hence the proposed amendments to 28 clauses in the Bill were expected to close the gaps identified.

Mr Segokgo said the Bill, among other things sought to give the minister jurisdiction over investigations on any aircraft accident or serious incidents occurring in or over the country through clause 18, which amended Section 68 of the Act whilst clause 19 amended Section 70 of the Act to allow the director to institute and conduct investigations into an accident or serious incident.

“Clause 21 amends Section 74 of the Act to provide that the minister may cause the report of an investigation to be published,” he said.

Clause 17, he said amended Section 64 of the Act to provide that the authority rather than the minister be notified of the intention to erect or modify any building or other installations that may affect the air aviation services.

Mr Segokgo further stated clause 20 amended Section 72 of the Act to ensure that the accident investigation authority had access and control over relevant material or evidence for the purposes of investigating an accident or serious incidents.

The Bill also sought to amend Section 58 of the Act to establish flight safety oversight unit to carry out licensing, certification as well as inspectional aircraft aviation and personnel operators.

The minister also added that Clause 27 introduced Section 91a to criminalise the use of weapons against aircrafts whilst clause 5 amended Section 8 of the Act by augmenting the functions of the authority to include establishment, coordination and maintenance of the state safety programme which included performance of economic oversight for air services and protection of consumer rights and promotion of fair trading practices.

Debating the Bill, MPs supported the amendments but asked for other elements to be looked into.

Selebi-Phikwe West MP, Mr Dithapelo Keorapetse said aviation was one area the country could utilise to create jobs and diversify the economy.

Mr Keorapetse said there should be ground breaking changes in the sector to create more jobs and make the industry more profitable.

He said asked the minister to explain how the ministry intended to increase the revenue and planned to maximise revenue generation at the airports. 

He also highlighted the need for a policy to allow small carriers to enter the market.

In addition Mr Keorapetse said government, through CAAB, should stop hindering private carriers from operating on certain routes as a way to protect the Air Botswana monopoly, adding that CAAB should also build an airport in Letlhakane.

Kgalagadi North legislator, Ms Talita Monnakgotla emphasised the safety, hence commended the minister for the efforts to address issues of safety and reduction of accidents.

She called for maintenance and enhancement of security for airstrips to protect both humans and livestock.

On the other hand, MP for Mahalapye East, Mr Yandani Boko said the minister must be concerned with failure to ensure growth in the civil aviation sector especially domestic one.

“We should open up airspace for domestic flights without holding ourselves back because we would hurt Air Botswana,” he said.

Meanwhile Parliament passed the Bill. ends