Two important Civil Aviation Laws have now come into force in Botswana - The Civil Aviation Act (2011) and the Aviation Security Act (2011). The laws were crafted following numerous deficiencies relating to the primary aviation law and other elements of Botswana’s safety oversight system and aviation security system, that were identified by the ICAO's Universal Safety Oversight Audit Programme (USOAP) in 2006 and Universal Security Audit Programme (USAP) of 2008.
The Civil Aviation Act 2011 repeals and replaces the Civil Aviation Authority Act of 2004. Many of the provisions in the 2004 Act have been re-enacted in the new Act including:
- The establishment of the Civil Aviation Authority of Botswana (CAAB) as an autonomous organisation responsible for the regulation of air transport and enforcement of civil aviation regulations,
- The provision of air navigation services as well as the operation and development of airports and advising the Government on civil aviation matters.
Some of the new and additional provisions of the Civil Aviation Act are:
- Establishment of a Directorate of Accident Investigation, separate from the CAAB, to investigate accidents and incidents;
- Provision for regulatory framework for the licensing of air transport services to facilitate the implementation of air transport liberalisation in Botswana;
- Enhancing and clarifying further, the role of the Appeals Tribunal to review the regulatory decisions of the CAAB;
- Stricter penalties to facilitate the effective enforcement of civil aviation regulations.
The Aviation Security Act repeals and replaces the Aviation Security Act of 1993.
The Aviation Security Act designates the CAAB as the appropriate authority responsible for aviation security in Botswana. The new Act updates and modernises the existing enactments relating to aviation security, brings into force provisions of International Conventions on aviation security to which Botswana is party and includes measures to address new and emerging threats against civil aviation.
Some of the new and additional provisions of the Aviation Security Act are:
Some of the new and additional provisions of the Aviation Security Act are:
- Measures to enhance the effectiveness of the aviation security system in Botswana and the capacity of the CAAB and other national security agencies to manage aviation security and respond to acts of unlawful interference with civil aviation;
- Measures for the protection of aircraft, airports, aerodromes, passengers, crew members, ground personnel and air navigation installations against acts of unlawful interference with civil aviation;
- Prevention against acts of unlawful interference with civil aviation including hijacking, the use of aircraft as weapons, the infiltration of weapons or hazardous materials and other new and emerging threats and the acts of unruly or disruptive passengers at airports and on board aircraft; (Reference: the 1999 Air Botswana incident which occurred when Air Botswana Captain Chris Phatswe, on medical suspension from the airline, commandeered one of the company's three ATR-42 aircraft and proceeded to take off, circle the airport, and crash into the ramp area, where the company's other two aircraft were sitting. The company's entire fleet was destroyed.)
- Stricter penalties with the right deterrent effect to facilitate the effective enforcement of aviation security and the speedy resolution of security concerns.
In 2006, the International Civil Aviation Organisation (ICAO) conducted an audit of Botswana’s aviation safety oversight systems under the Universal Safety Oversight Audit Programme (USOAP).
Subsequently in 2008 ICAO conducted an audit of the aviation security system under the Universal Security Audit programme (USAP). Both audits identified a number of deficiencies relating to the primary aviation law and other elements of Botswana’s safety oversight system and aviation security system. Both audits recommended the drafting of comprehensive new civil aviation legislation.
Twelve (12) of the subsidiary legislation known as Air Navigation Regulations (ANRs), are at various stages of the promulgation process.
