As of 1 February 2024, all Foreign Operator Permit (FOP) applications must now be submitted electronically through the SACAA’s newly introduced eServices portal (https://fop.caa.co.za/). Similarly, for South African operators, all domestic Air Service Licence applications and related amendments must be submitted via email to ASLapplication@caa.co.za, while international Air Service Licence applications and related amendments must be submitted via email to IASapplication@caa.co.za. This transition from the submission of physical applications to soft copy applications signifies a welcome change for airlines navigating the licensing process.

This move is a result of the Ministerial Order issued on 9 October 2023, by the Minister of Transport, Sindisiwe Chikunga, which mandates the SACAA to provide administrative support to both the Air Service Licensing Council (ASLC) and the International Air Service Licensing Council (ISLC). Additionally, it entrusts the SACAA with oversight of FOP processing, a responsibility previously held by the Department of Transport: Aviation. Undoubtedly, this development marks a pivotal shift in the regulatory landscape of South Africa’s aviation industry.

Foundation for streamlined administration

The Ministerial Order was promulgated in terms of section 100 of the Civil Aviation Act 13 of 2009, section 9 of the Air Services Licensing Act 115 of 1990 and section 10 of the International Air Services Act 60 of 1993. Underpinning this directive is a four-party memorandum of understanding concluded between the Department of Transport, the ASLC, the ISLC and the SACAA which aims to establish a solid foundation for the streamlined administration of air service licensing processes.

Under the new framework, the ASLC and ISLC will continue to process and approve applications for new and amended air service licences, while the SACAA will provide vital administrative support to ensure the seamless processing of these applications. This support encompasses tasks such as receiving applications, conducting technical assessments, and publishing relevant notices within prescribed timeframes.

One of the achievements following the Ministerial Order is the introduction of the SACAA’s automated system, which is being rolled out through a phased approach. The first phase, initiated on 1 February 2024, focuses the processing of foreign operators’ permits through the eServices portal. At a press briefing on 5 March 2024, the Minister of Transport confirmed that the next phase is underway and is aimed at automating the submission and processing of both domestic and international air service licences. In the interim, the SACAA has provided clear guidance to the industry on how air service licence applications will be processed until full automation is implemented.

The timing of these reforms is particularly significant as the aviation sector endeavours to rebound from the adverse impacts of the COVID-19 pandemic. With South African airlines seeking to expand their international routes and the anticipation of new operators entering the airspace, it is imperative to enhance the efficiency of regulatory processes.

This advancement in air service licensing procedures marks a crucial step forward for the aviation industry, which has felt the impact of administrative hurdles and delays in recent years. The transition towards a paperless and efficient process is eagerly anticipated by airlines, promising improved workflows and processing delays.

However, it is important to acknowledge a significant procedural shift such as this can introduce new complexities. While the revamped process aims to enhance efficiency, it is expected that early-stage operational hurdles may emerge as all stakeholders adjust to the new process. Effectively managing these complexities will require adaptability and collaboration from all involved parties.

At CDH, we leverage our extensive experience and expertise to provide comprehensive guidance to air operators navigating new and existing regulatory requirements. Our services encompass assistance with air service licensing and related matters and offering sustained support to meet the dynamic needs of the aviation sector