Foreign shareholding in air carriers providing domestic is limited to 25% of the voting capital and to 50% in South African air carriers entitled to international air transport services.
"1. Definitions.—In this Act, unless the context otherwise indicates—[...]
"resident of the Republic" means a person who has his or her ordinary residence in the Republic and who is a South African citizen by virtue of the provisions of the South African Citizenship Act, 1995 (Act No. 88 of 1995);
[...]
2. Application of Act.—This Act shall apply only to the operation of a domestic air service.
[...]
12. Operating of air service.—(1) Subject to the provisions of this Act, no person shall operate or attempt to operate an air service, unless it is or is to be operated under and in accordance with the terms and subject to the conditions of an air service licence issued to that person in terms of this Act or deemed to have been so issued.
[...]
16. Adjudication of application.—[...] (4) An application is granted and a licence issued or amended, subject to the provisions of this Act, if the applicant satisfies the council—
(a) that the air service will be operated in a safe and reliable manner;
(b) [deleted];
(c) that, subject to the provisions of subsection (5), the applicant— (i) if the applicant is a natural person, is a resident of the Republic; or (ii) if the applicant is not a natural person, is incorporated in the Republic and at least 75 per cent of the voting rights in respect of such person is held by residents of the Republic;
(d) that the person referred to in paragraph (c) will be actively and effectively in control of the air service; and
(e) that, subject to the provisions of subsection (6), the aircraft which will be used in operating the air service is a South African aircraft as defined in section 1 of the Aviation Act, 1962 (Act No. 74 of 1962). [...]" (AIR SERVICES LICENSING ACT NO. 115 OF 1990, as amended)
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"1. Definitions.—In this Act, unless the context otherwise indicates—[...]
"resident of the Republic" means a resident of the Republic as defined in section 1 of the Air Services Licensing Act, 1990 (Act No. 115 of 1990);
[...]
2. Application of Act.—This Act shall apply only to the operation of an international air service.
[...]
CHAPTER II - INTERNATIONAL AIR SERVICES
13. Operating of international air service.—(1) Subject to the provisions of this Act, no person shall use or attempt to use an aircraft to operate an international air service, except under and in accordance with the terms and subject to the conditions of an international air service licence issued to that person in terms of this Act or deemed to have been so issued.
(2) Subject to the provisions of subsection (3), a licence referred to in subsection (1) shall not be required if an aircraft visiting the Republic from time to time and registered in another State is used to operate an international air service, provided that such air service is operated under and in accordance with the provisions and subject to the conditions of— (a) the International Air Services Transit Agreement, signed at Chicago on 7 December 1944; (b) an air transport service agreement; or (c) a foreign licence.
[...]
17. Adjudication of application for licence.—[...] (4) The council may, subject to the provisions of this Act, in its discretion grant an application referred to in subsection (1) and issue or amend a licence if the council is satisfied—
(a) that the applicant is fit and able to operate the international air service; and
(b) that the international air service concerned can be operated within the structure of the existing international air service system in the Republic.
(5) For the purposes of subsection (4) (a), an applicant is fit if such applicant satisfies the council—
(a) that, subject to the provisions of subsection (9), he— (i) if he is a natural person, is a resident of the Republic; or (ii) if he is not a natural person, is incorporated in the Republic and that the voting rights in respect of such person are substantially held by residents of the Republic;
(b) that the person referred to in paragraph (a) will be actively and effectively in control of the international air service;
(c) that, subject to the provisions of subsection (10), the aircraft which will be used in operating the international air service is a South African aircraft as defined in section 1 of the Aviation Act, 1962 (Act No. 74 of 1962).[...]" (INTERNATIONAL AIR SERVICES ACT NO. 60 OF 1993, as amended)
AIR SERVICES LICENSING ACT NO. 115 OF 1990, as amended
INTERNATIONAL AIR SERVICES ACT NO. 60 OF 1993, as amended
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