Related documents
- Is amended by Air Services Amendment Act, 1991
- Is amended by Air Services Amendment Act, 1998
- Is amended by Posts and Telecommunications Companies Establishment Act, 1992
- Is amended by Road Traffic and Transport Act, 1999

Air Services Act, 1949
Act 51 of 1949
- Published in South African Government Gazette 4201 on 8 July 1949
- Assented to on 1 July 1949
- Commenced on 1 March 1950 by Date of Commencement of the Air Services Act, 1949
- [This is the version of this document from 6 April 2001 and includes any amendments published up to 7 February 2025.]
- [Amended by Air Services Amendment Act, 1964 (Act 6 of 1964) on 21 February 1964]
- [Amended by Air Services Amendment Act, 1991 (Act 6 of 1991) on 31 May 1991]
- [Amended by Posts and Telecommunications Companies Establishment Act, 1992 (Act 17 of 1992) on 31 July 1992]
- [Amended by Air Services Amendment Act, 1998 (Act 31 of 1998) on 16 November 1998]
- [Amended by Road Traffic and Transport Act, 1999 (Act 22 of 1999) on 6 April 2001]
TRANSFER TO SOUTH WEST AFRICA: The administration of this Act was transferred to South West Africa by the Executive Powers (Transport) Transfer Proclamation, AG 14 of 1978, dated 15 March 1978. There was only one amendment to the Act in South Africa after the date of transfer and prior to Namibian independence - the Transfer of Powers and Duties of the State President Act 97 of 1986 (RSA GG 10438) - which did not apply to South West Africa because it was not made expressly so applicable.
Section 3(1)(b) of the transfer proclamation excluded section 2(2) of the Act (which, prior to Namibian independence, referred to bilateral agreements between South Africa and other countries) from the operation of section 3(1) of the Executive Powers Transfer (General Provisions) Proclamation, AG 7 of 1977, meaning that the reference to the “Government of the Republic” in this section was not to be construed as a reference to the Administrator-General. Section 3(1)(h) of the transfer proclamation excluded section 15 of the Air Services Amendment Act 43 of 1973 (which never came into force) from the operation of section 3(1) of the General Proclamation. Section 3(2) of the transfer proclamation excluded the references to the “Republic” throughout the Act from the operation of section 3(1)(c) of the General Proclamation, and provided that “Republic” should be deemed to include “the territory”.
Section 3(2) of the Executive Powers Transfer (General Provisions) Proclamation, AG 7 of 1977, excluded from transfer the provisions of any transferred law “which provide for or relate to the institution, constitution or control of any juristic person or any board or other body of persons that may exercise powers or perform other functions in or in respect of both the territory and the Republic”. This may have excluded from transfer the provisions of this Act relating to the National Transportation Commission (which was referenced in the Act prior to its amendment by Act 6 of 1991).
(RSA GG 3906). However, Act 43 of 1973 was never brought into force in respect of South Africa or South West Africa. Therefore, the amendments contained in it are not incorporated here. Act 43 of 1973 was repealed in South Africa by the Repeal of Laws Act 94 of 1981 (RSA GG 7855), which came into force on the date of publication: 28 October 1981. However, this repeal, which took place after the date of transfer, was not effective in respect of South West Africa.]ACTTo provide for the Licensing and Control of Air Carriers and Air Services.BE IT ENACTED by the King’s Most Excellent Majesty, the Senate and the House of Assembly of the Union of South Africa, as follows:-[Act 6 of 1964 amends the Act throughout to substitute “Republic” for “Union”.
Act 6 of 1991 makes the following substitutions throughout the Act: * “Namibia” for “the Republic”; * “Permanent Secretary” for “Secretary for Transport”; and * “State Revenue Fund” for “Consolidated Revenue Fund”. This Act as amended uses the spellings “subsection” and “sub-section” inconsistently.]
1. Definitions
In this Act, unless the context indicates otherwise “air carrier” means a person who operates an air service;“air service” means any service performed by means of an aircraft for reward, and includes an air transport service;“air transport service” means a service by aircraft for the carriage of passengers or goods for reward, and includes such a service on charter terms;“commission” means the Transportation Commission of Namibia established by section 2 of the Road Traffic and Transport Act, 1999;[definition of “Commission” amended by Act 6 of 1991 and substituted by Act 22 of 1999]“international air transport service” means an air transport service which passes through the air space over the territory of Namibia and at least one other State;[definition of “international air transport service” amended by Act 6 of 1991]“licence” means an air carrier’s licence granted under section nine, or deemed in terms of sub-section (4) of section twenty to have been so granted;[There is no longer a subsection (4) in section 20 following the substitution of section 20 by Act 6 of 1991. However, this definition was not amended accordingly.]“Minister” means the Minister of Works, Transport and Communication:[definition of “Minister” inserted by Act 6 of 1991; the colon at the end of this definition should be a semicolon]“Permanent Secretary” means the Permanent Secretary: Works, Transport and Communication or a person designated by him or her;[definition of “Permanent Secretary” inserted by Act 6 of 1991][definition of “person” deleted by Act 6 of 1991]“prescribed” means prescribed by regulation;“regulation” means a regulation made under section twenty-two;“scheduled” or “non-scheduled” in relation to an air transport service, shall be construed by reference to the definitions contained in the regulations made under paragraph (g) of section twenty-two;[definition of “South-West Africa” inserted by Act 6 of 1964 and deleted by Act 6 of 1991]“this Act” includes the regulations.2. Air service not to be provided except under licence
3. Functions of commission in relation to applications
4. Particulars to be furnished in connection with application for air carrier’s licence
5. Publication of particulars of applications
As soon as practicable after receipt of any application mentioned in section three, the commission shall cause notice of the application to be given or published in the manner prescribed, setting out -6. Representations in support of or in opposition to application
7. Consideration and determination of applications
8. Power of commission to compel attendance of witnesses and production of documents, etc.
9. Grant or refusal of licence. Matters to be considered.
[The two full stops appear in this heading in the Government Gazette.]10. ***
[section 10 deleted by Act 31 of 1998]11. Matters to be specified in licence and conditions which may be attached thereto
12. Period of validity of licences and renewal of licences
13. Air transport service not to be commenced until operating certificate obtained
[The amendments to section 13 by Act 6 of 1964 remove the word “transport” from the text of the section, but do not change the heading of the section accordingly.]14. Licence fees
There shall be paid to the Permanent Secretary by an air carrier in respect of each licence issued to him, and in respect of the renewal or transfer of any such licence, such fee as may be prescribed in relation to the class of licence in question.15. Transfer and termination of licences
16. Insurance
Every licensed air carrier shall insure and at all times remain insured, in such sums or to such extent as may be prescribed in relation to the class of air service provided by such air carrier, against claims of a nature or class likewise so prescribed, which may arise out of the use of aircraft by such air carrier under the authority conveyed by his licence.[section 16 amended by Act 6 of 1991;the amendment markings are incomplete]17. Cancellation or suspension of licences
18. Returns
The commission may by order in writing require air carriers or any particular class of air carrier to render to it in such manner and form and at such times as may be prescribed by the commission, such returns in relation to any class or classes of air service provided by such carriers or class of carrier, as the commission may deem necessary for the effective carrying out of its duties and functions under this Act.19. Exemptions
20. Provision with regard to existing licences
21. Presumptions
In any proceedings under this Act -22. Regulations
The Minister may make regulations not inconsistent with this Act, with regard to -23. Revenue and expenditure under this Act
All expenditure incurred by the commission in the administration of this Act shall be defrayed from the State Revenue Fund and all moneys received under this Act shall be paid into the said Fund.24. Jurisdiction of magistrate’s courts
Notwithstanding anything to the contrary in any law contained, any magistrate's court shall have jurisdiction to impose any sentence provided for in this Act.[Section 24 is amended by Act 6 of 1964, with effect from 1 March 1950 (in terms of section 7 of Act 6 of 1964), and substituted by Act 6 of 1991.]25. Short title and commencement
This Act shall be called the Air Services Act, 1949.[Section 25 is amended by Act 6 of 1964 to delete “, and shall come into operation on a date to be fixed by the Governor-General by proclamation in the Gazette”.]History of this document
06 April 2001 this version
Amended by
Road Traffic and Transport Act, 1999
16 November 1998
Amended by
Air Services Amendment Act, 1998
31 July 1992
31 May 1991
Amended by
Air Services Amendment Act, 1991
21 February 1964
Amended by
Air Services Amendment Act, 1964
01 March 1950
Commenced by
Date of Commencement of the Air Services Act, 1949
08 July 1949
01 July 1949
Assented to
Documents citing this one 292
Gazette 286
Act 3
1. | Road Traffic and Transport Act, 1999 | 315 citations |
2. | Posts and Telecommunications Companies Establishment Act, 1992 | 64 citations |
3. | Airports Company Act, 1998 | 24 citations |
Government Notice 1
1. | Civil Aviation Security Regulations, 1996 |
Judgment 1
1. | FlyNamibia Aviation v Chairperson Transportation and Another (HC-MD-CIV-MOT-GEN-2024/00100) [2024] NAHCMD 120 (18 March 2024) |
Proclamation 1
1. | Executive Powers (Transport) Transfer Proclamation, 1978 |