www.sayer.com | June 2019
79
executed where there are ridges and hills in
the way.
Student pilots in the process of earning
their wings at Border Flying Club in East
London also joined the event, camping in
the bunkhouse and partying in the evenings.
They were part of the invaluable lectures,
mentoring, demonstrations and general
discussion with the more experienced
aviators. It is an essential part of producing
another generation of safe and competent
pilots.
Everyone beneted from the weekend
experience, even if only to have had a good
time. A truly win-win experience.
WIN-LOSE
For more than a decade, AOPA has
been defending small airstrips such as those
found on Rexeld and surrounding farms
and villages. CAA has been trying to regulate
small private airelds out of existence for a
long time through amendments to part 139
of the Civil Aviation Act. These amendments
would outlaw taking off or landing at any
place other than licenced or ‘registered’
airelds.
Licensing or registration entails
considerable expense and commitment
from the owner, as well as accepting liability
for any accidents which invited or uninvited
aireld users may have. Although CAA
have tendered many and various reasons
for these bizarre regulations, none of them
seem to make any sense. And where
developers have attempted to properly
licence public-use general aviation airports,
CAA has also refused to issue licences for
grossly irrational reasons.
This has resulted in a souring of AOPA’s
constructive engagement with CAA to the
extent that the matter has been through
the courts, CAA having been lambasted
by judges of the High Court. But, they still
persist in trying to damage a very happy
status quo of hundreds of small airelds that
provide infrastructural support to agriculture,
tourism and many other industries. This
has bafed many people, who wonder why
CAA would be so hostile to little airelds.
Why can’t AOPA and other players simply
settle this over a beer with CAA? Surely
this is merely a clash of personalities
and if the parties would just bury their
egos, they would see each other’s point of
view and reach some mutually benecial
agreement instead of incessant conict?
The problem lies a lot deeper than that. We
at AOPA have also been bafed by the fact
that we never make any headway by trying to
protect general aviation’s interests through
sweet-talking, respectful and mature
negotiation or any other legitimate means.
The only remedy is through presenting our
members’ case to the courts, who then
thump CAA into submission, only to have
them rise again and try a different angle.
There are many such conicts.
Previously in this column, we set out how
CAA is rendering the licence validations of
foreign pilots who want to tour South Africa
in hired aircraft, a virtual impossibility. The
damage to the economy is obvious, but CAA
remains largely unmoved. Talking nice is not
working.
A similar scenario exists in discussions
on social media regarding the grounding
of regional airline CemAir. This successful
regional airline, which provides invaluable
air connectivity to otherwise isolated towns,
was progressively set upon by CAA ofcials
who grounded all its aircraft for bizarrely
trivial reasons. CAA did this again and again,
even preparing TV presentations which
proved to be absurdly wrong. Ultimately, the
courts found that there were no safety issues
whatsoever and that the CAA’s actions and
CAA Director Poppy Khoza’s decisions
were “irrational, arbitrary, unreasonable and
procedurally unfair.”
These words echo the words of Judge
Elizabeth Kubushi in last year’s AOPA-
sponsored judgement regarding airelds
where she found that CAA’s actions were
“frivolous and/or vexatious” and “without
sufcient grounds and was just an abuse of
process”.
Yet CAA and Poppy Khoza soldier on,
keeping CemAir on the ground, despite
there being no obvious reason to do so.
Surely, say the social media
commentators, there must just be a clash
of personalities behind this. Surely Poppy
Khoza and CemAir CEO Miles van der Molen
should just bury their animosities and come
up with a win-win solution for themselves,
as well as for the people who have lost their
jobs and the isolated economies of those
destinations not currently served by air. A
win-lose situation, whether CAA wins or
CemAir wins in the end, is not really a happy
solution.
And herein lies the rub. Poppy Khoza
and her grossly overpaid and under-qualied
team have no choice. They are not even in a
position to make any decision. My personal
experience of many years’ in regulatory
committees veries this. I have spent long
hours pleading for general aviation while
looking into the empty eyes of some of the
CAA’s minions. There simply is no empathy.
Indeed, when I have shown them in
detail the damage their actions are causing
to our members and our industry, I think
it merely provides them with ammunition
COLUMNS
Delegates to the Short Field Workshop
take time out for a braai.