Civil Aviation Act
- Commenced on 1 January 1999
- [This is the version of this document from 20 July 2018.]
- [Note: This version of the Act was revised and consolidated by the Law Development Commission of Zimbabwe]
- [Amended by Civil Aviation Amendment Act, 2018 (Act 10 of 2018) on 20 July 2018]
Part I – Preliminary
1. Short title and date of commencementThis Act may be cited as the Civil Aviation Act [Chapter 13:16].
2. InterpretationIn this Act—“accident” means any fortuitous or unexpected event by which the safety of an aircraft or any person in or on an aircraft is threatened;“aerodrome” means an area of land or water that is designed, equipped, set apart or commonly used for affording facilities for the landing and departure of aircraft. and includes—(a)any buildings in the area; and(b)any area, whether on the ground, on the roof of a building or elsewhere, which is designed, equipped or set apart for affording facilities for the landing and departure of aircraft capable of descending or climbing vertically;“aircraft” includes—(a)all flying machines, aeroplanes, sea-planes, flying boats, helicopters, gliders and other aircraft designed to be heavier than air; and(b)all airships, balloons and other aircraft designed to be lighter than air;"air navigation" means the science and technology of determining the position of an aircraft with respect to the surface of the earth and accurately maintaining a desired course;[definition of "air navigation" inserted by section 2(a) of Act 10 of 2018]"air navigation facility" means any facility used in, available for use in, or designed for use in aid of, air navigation, including airports, landing areas, lights, any apparatus or equipment for disseminating weather information, for signalling, for radio directional finding, or for radio or other electromagnetic communication, and any other structure or mechanism having a similar purpose for guiding or controlling flight in the air or the landing and take-off of aircraft;[definition of "air navigation facility" inserted by section 2(a) of Act 10 of 2018]"air operator" means any organisation which undertakes to engage in domestic commercial air transport or international commercial air transport, whether directly or indirectly or by a lease or any other arrangement;[definition of "air operator" inserted by section 2(a) of Act 10 of 2018]"air transport" means any aspect of civil aviation concerned with the commercial and non-commercial transport of persons and goods by air;[definition of "air transport" inserted by section 2(a) of Act 10 of 2018]“Annex” means an Annex to the Chicago Convention or an amendment of such an annex, adopted in accordance with that Convention;“Authority” means the Civil Aviation Authority of Zimbabwe established by section four and, in relation to any function exercisable by the Authority by or in terms of this Act, includes an employee of the Authority or other person generally or specially authorized by the Board to exercise that function;"authorised person" means an officer designated in terms of section 26(3)(b);[definition of "authorised person" inserted by section 2(a) of Act 10 of 2018]“authorized person”, in relation to any act or function, means a person authorized by the Minister, or by a person designated by the Minister, to do the act or exercise the function;"aviation safety surcharge" means the surcharge levied in terms of section 59A;[definition of "aviation safety surcharge" inserted by section 2(a) of Act 10 of 2018]“Board” means the Board of the Authority constituted in terms of section ten;“Chicago Convention” means—(a)the Convention on International Civil Aviation done at Chicago on the 7th December, 1944; and(b)the Protocols amending that Convention; and(c)the Annexes to that Convention relating to international standards and recommended practices, adopted in accordance with that Convention;"Chief Investigator of Accidents" means the person appointed as such in terms of section 55;[definition of "Chief Investigator of Accidents" inserted by section 2(a) of Act 10 of 2018]"civil aviation" means the non-military use of aircraft;[definition of "civil aviation" inserted by section 2(a) of Act 10 of 2018]"civil aviation industry" means all persons in Zimbabwe who are engaged in the business of commercial air transport and associated services;[definition of "civil aviation industry" inserted by section 2(a) of Act 10 of 2018]“committee” means a committee of the Board;"Director-General" means the Director-General of the Authority appointed in terms of section 24;[definition of "Director-General" inserted by section 2(a) of Act 10 of 2018]“General Manager” [definition of "General Manager" repealed by section 2(b) of Act 10 of 2018]“International Civil Aviation Organization” means the International Civil Aviation Organization formed by the Chicago Convention;"investigator" means an accident investigator so designated in terms of section 55;[definition of "investigator" inserted by section 2(a) of Act 10 of 2018]“locally registered aircraft” means an aircraft registered in Zimbabwe;“member” means a member of the Board, including the chairman and deputy chairman of the Board;“Minister” means the Minister of Transport and Energy or any other Minister to whom the President may, from time to time, assign the administration of this Act;"National Civil Aviation Security Committee" means the Committee established in terms of section 44B;[definition of "National Civil Aviation Security Committee" inserted by section 2(a) of Act 10 of 2018]“occurrence” means any incident involving an aircraft as a result of which—(a)a person is killed or injured; or(b)any property is damaged or destroyed; or(c)the safety of any person or property is threatened; and includes an accident;“owner”, in relation to an aircraft or aerodrome, includes—(a)the person in whose name the aircraft or aerodrome is registered; and(b)any person who is acting as agent in Zimbabwe for the person in whose name the aircraft or aerodrome is registered, where that latter person is outside Zimbabwe; and(c)any person by whom the aircraft or aerodrome is hired for the time being;"safety and security oversight inspector" or "inspector" means an employee of the Authority appointed in terms of section 26;[definition of "safety and security oversight inspector", previously "inspector" substituted by section 2(c) of Act 10 of 2018]“security”, in relation to the Authority, includes a share, debenture, bond or other security issued by the Authority, whether or not it constitutes a charge on the Authority’s assets."security programmes" means an integrated set of regulations and activities performed by the State aimed at improving safety and efficient delivery of aviation services;[definition of "security programmes" inserted by section 2(a) of Act 10 of 2018]
3. Application of Act and Chicago Convention
Part II – Establishment, objects and functions of Civil Aviation Authority of Zimbabwe
4. Establishment of Civil Aviation Authority of ZimbabweThere is hereby established an authority, to be known as the Civil Aviation Authority of Zimbabwe, which shall be a body corporate capable of suing and being sued in its own name and, subject to this Act, of performing all acts that bodies corporate may by law perform.
5. Objects of AuthorityThe objects of the Authority are—
6. Functions of Authority
7. Policy directions as to exercise of Authority’s functions
8. Execution of contracts and instruments by AuthorityAn agreement, contract or instrument approved by the Board may be entered into or executed on the Authority’s behalf by any person generally or specially authorized by the Board for that purpose.
9. Reports, plans and programmes of Authority
Part III – Board of Authority
10. Board of Authority
11. Disqualifications for appointment to Board
12. Terms and conditions of office of members
13. Vacation of office by membersA member shall vacate his office and his office shall become vacant—
14. Minister may require member to vacate his office or may suspend him
15. Dismissal of Board
16. Filling of vacancies on Board
17. Chairman and vice-chairman of Board
18. Meetings and procedure of Board
19. Committees of Board
20. Members of Board and committees to disclose connection with companies and firms dealing with Authority
21. Remuneration and allowances of members of Board and committeesEvery member of the Board or of a committee shall be paid from the funds of the Authority—
22. Minutes of proceedings of Board and committees
23. Validity of decisions and acts of Board and committeesNo decision or act of the Board or a committee or act that is authorized by the Board or a committee shall be invalid solely because there was a vacancy in the membership of the Board or the committee or because a disqualified person purported to act as a member of the Board or the committee, as the case may be, at the time the decision was taken or the act was done or authorized.
Part IV – Staff of Authority
24. Director-General of Authority
24A. Duties of Director-General
24B. Powers of Director-General
25. Secretary of Authority
26. Other staff of Authority and powers of Director-General in relation thereto
Part V – Issue of shares and securities by Authority
27. Authorized share capital of Authority
28. Allotment, issue and transfer of Authority’s shares
29. Liability of shareholdersThe liability of the holder of a share issued by the Authority shall be limited to the amount, if any, unpaid on the share.
30. Issue of other securities by Authority
Part VI – Financial provisions relating to Authority
31. Conduct of financial affairs of AuthorityIt shall be the object of the Authority so to exercise its functions and conduct its operations as to ensure that in each financial year its income is sufficient, taking one year with another—
32. Funds of Authority
33. Payment of dividendsWhere in a financial year the revenues of the Authority are more than sufficient—
34. Investment of moneys not immediately required by AuthorityMoneys not immediately required by the Authority may be invested in such manner as the Minister, acting on the advice of the Minister responsible for finance, may approve.
35. Authority to make certain charges to revenue account
36. Establishment and operation of general reserve
37. Financial year of AuthorityThe financial year of the Authority shall be the period of twelve months ending on the 31st December in each year or on such other date as may be prescribed.
38. Accounts of Authority
39. Audit of Authority’s accounts
40. Powers of auditors
Part VII – Civil aviation
41. Authority to observe Chicago Convention and other international treaties
42. Control of aviation in Zimbabwe vested in Authority
43. Air navigation services
44. Safety standardsThe Authority shall be responsible for—
44A. Civil aviation security programmes
44B. National Civil Aviation Security Committee
45. Aeronautical information services and publications
46. Technical servicesThe Authority shall be responsible for providing technical services in regard to the design, installation, maintenance and modification of electronic, radio and other equipment used in the provision of air navigation and communication services.
47. Meteorological services
Part VIII – Air operators' certification
48. Interpretation in Part VIIIIn this Part—“air operator’s certificate” means an air operator’s certificate issued in terms of section fifty;“air service” means any service operated by means of an aircraft for reward, but does not include—(a)a service which—(i)is operated solely for the benefit of a company or group of companies, or any subsidiary thereof, in its commercial activities by a person who is a member of or employed by the company, group or subsidiary; and(ii)is not offered for reward to the public in general; or(b)the conducting of flight testing or assessment of skills in respect of flying an aircraft; or(c)participation in an air race by an aircraft which is sponsored on condition that the trade name of the sponsor is affixed to the aircraft for the duration of the race; or(d)such other services or activities as may be prescribed.
49. Air operator’s certificate required for operation of air service
50. Issue or refusal of air operator’s certificate
51. Form, content and duration of air operator’s certificate
52. Variation of air operator’s certificate
53. Cancellation of air operator’s certificate
54. No derogation from other laws re operation of air servicesThe requirements of this Part shall be construed as additional to, and not as substituting for, the provisions of any other enactment relating to the operation of air services.
Part IX – Investigation of occurrences
55. Appointment and functions of Chief Investigator of Accidents and accident investigators
55A. Expenses of investigation of occurrences
56. Powers of entry, inspection, etc.
57. Authority to provide assistance to inspectorsThe Authority, if required to do so by the Chief Investigator shall provide all such facilities and assistance as it is able for the purpose of investigating any occurrence.[section 57 amended by section 20 of Act 10 of 2018]
58. Boards of inquiry into occurrences and other matters
59. Obstruction of inspectorsAny person who hinders or obstructs an investigator in the exercise of his functions shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.[section amended by Act 22 of 2001 and by section 20 of Act 10 of 2018]
59A. Aviation safety surcharge
Part X – Aerodromes
60. Interpretation in Part XIn this Part—“aerodrome”, authority in relation to an aerodrome, means the Minister, the Authority or any other person responsible for maintaining the aerodrome.
61. Authority may establish and maintain aerodromes
62. Acquisition of land for purposes of aerodromes
63. Controls over use of land and water in vicinity of aerodromes
64. Powers to enter land and take materials for purposes of aerodromes
65. Reservation of aerodrome materials
66. Customs, immigration and health facilities at aerodromes
67. Security at aerodromes
68. Offences at aerodromesAny person who—
Part XI – General
69. Effect of Chicago Convention
69A. Powers of entry, inspection, etc. by safety and security oversight inspectors
70. Liability for trespass or nuisance, and responsibility for damage
71. Conveyance of mail by air
72. Patent claims against aircraft not protected under Chicago Convention
73. Exemption from seizure of certain aircraft on patent claims
74. Detention of aircraft for certain offences or upon non-payment of certain dues
75. Restriction on use of “approved” in connection with flying schools
76. Dangerous flyingAny person who—
77. Territorial jurisdiction of courtsAny offence under this Act and any offence committed on a locally registered aircraft shall, for purposes relating to the jurisdiction of a court to try the offence, be deemed to have been committed in any place where the accused person happens to be:Provided that, if any such offence is committed within Zimbabwe, the offence may be tried by any court having jurisdiction where the offence was committed.
80. Exemption from regulationsThe Minister may, by notice in the Gazette, exempt any person, aircraft, aerodrome, facility or service from any provision of any regulations made in terms of section seventy-nine, where the Minister is satisfied that the exemption is in the public interest and is not likely to affect the safety of aviation.
Part XII – Formation, etc., of Airports Company of Zimbabwe (Private) Limited[Part XII substituted by section 19 of Act 10 of 2018]
81. Interpretation in Part XIIIn this Part—"airport" means any aerodrome of the Authority that is transferred to the Airports Company in terms of this Part and any other aerodrome it may establish or acquire;"Airports Company" means the Airports Company of Zimbabwe (Private) Limited referred to section 82(2);"fixed date" means the date of commencement of the Civil Aviation Amendment Act, 2018 (No. 10 of 2018);"securities", in relation to the Airports Company, includes shares, debentures, bonds and other securities of the Airports Company, whether or not constituting a charge on the Company's assets;"transfer date" means the date or dates referred to in section 84(1).[section 81 substituted by section 19 of Act 10 of 2018]
82. Formation and objects of Airports Company
83. Board of Airports Company
84. Transfer of certain assets, obligations, etc., of Authority to Airports Company, and valuation thereof
85. Employees of Airports Company
86. Authorised share capital of Airports Company
87. Sharing of certain revenues between Airports Company and Authority, etc.
88. Issue of securities in consideration for transfer of assets
89. Assumption of debts; conversion of loans transferred to Airports Company
90. Minister may give directions to Authority
91. Airports Company deemed to be licensed
History of this document
20 July 2018 this version
Amended by Civil Aviation Amendment Act, 2018
01 January 1999
|Civil Aviation (Guidance for Air Travel through the COVID-19 Public Health Crisis) Regulations, 2020||Statutory Instrument 209 of 2020|