By Garth Calitz

If South African aviation had a frequent flyer programme for regulatory amendments, many aircraft owners would already qualify for lifetime platinum status.

After months of uncertainty, countless meetings, legal opinions, media statements and enough paperwork to keep several forests in business, there finally appears to be a glimmer of light at the end of the regulatory tunnel. Whether that light is the sun, an approaching train, or simply another committee meeting remains to be seen.

The Commercial Aviation Association of Southern Africa (CAASA), together with the Aero Club of South Africa, Aviation Watch Action Committee (AWAC), Aviation Action Group and a coalition of aircraft owners, pilots, engineers and operators, met with senior officials from the Department of Transport (DoT) on 5 August to discuss one of general aviation's most frustrating sagas—the delayed promulgation of the 36th Amendment to the Civil Aviation Regulations.

For anyone who has somehow escaped the drama, the amendment is the regulatory key required to activate Appendix 3 under Parts 91 and 43. Until then, many privately operated aircraft have remained grounded or restricted, creating operational headaches, financial losses and a growing sense of disbelief throughout the aviation community.

The Meeting

The Department of Transport was represented by Acting Director-General Mathabatha Mokonyama and Acting Deputy Director-General for Civil Aviation Elizabeth Mpye. According to CAASA, discussions were constructive, and perhaps most importantly, refreshingly candid. The Department acknowledged that delays had occurred and advised that further enquiries would be made to establish exactly why the process had stalled. There was even mention that, should circumstances warrant it, an apology might be forthcoming.

In government language, that is roughly equivalent to hearing "cleared for take-off" after spending six months number one in the holding pattern.

One of the recurring frustrations has been the apparent appearance of an additional legal review process involving the State Law Advisers. Nobody seems particularly keen to discuss the finer details of this process, but its existence has become something of an aviation legend. Like Area 51, everyone knows it exists. Unlike Area 51, however, people have actually been waiting for permission to leave.

The Director of Civil Aviation has reportedly sought legal clarity on whether this additional step was required. CAASA expressed support for those efforts while emphasising the significant economic and safety implications created by the prolonged delay.

Buried within the media statement are perhaps the three most exciting words general aviation has heard this year: "Within two weeks."

According to the Department, both the 33rd Amendment, submitted in February, and the 36th Amendment, submitted in June, will now be prioritised under the established promulgation process used for regulatory amendments. Better still, the Department advised that the extended State Law Adviser review process would not be required. Naturally, South African pilots should welcome this announcement with cautious optimism. It sits comfortably alongside "just one more form" and "we're waiting for signatures."

Nobody doubts the sincerity of the commitment—but many operators have learned that calendars and regulatory timelines don't always share the same understanding of time.

Perhaps one of the more encouraging outcomes of the meeting was agreement that communication between government and industry needs improvement. This may sound obvious, but after months of uncertainty, silence has arguably become as frustrating as the delays themselves. Aircraft owners can cope with bad news; they can usually cope with complicated news. What proves considerably harder is no news at all.

The commitment to improve engagement between the Department and industry organisations could ultimately become one of the most valuable outcomes of this process.

Despite the positive tone, CAASA has made it clear that it will wait for formal written confirmation before declaring victory. That is a sensible position. South African aviation has witnessed enough false dawns over the years to know that optimism is best accompanied by documentary evidence. The meeting was formally recorded by the Department, with official minutes and transcripts expected in due course.

Until then, industry remains in a holding pattern—not circling endlessly, one hopes, but still waiting for the final landing clearance.

In the meantime, operators are encouraged to continue preparing for implementation with their Approved Maintenance Organisations (AMOs). Pilots whose aircraft have spent months on the ground are also reminded to complete appropriate proficiency and currency training before returning to normal operations.

While many aviators are understandably eager to get airborne again, the first flight after a prolonged grounding is probably not the ideal time to discover whether your crosswind technique or formation flying has become a little rusty.

A Lesson Beyond Appendix 3

This episode has highlighted a broader issue affecting South African aviation. The regulations themselves were never the only challenge. Predictability is equally important.

Aircraft owners, maintenance organisations, flight schools and operators all make significant financial decisions based on regulatory certainty. When amendments become trapped somewhere between approval and promulgation, confidence inevitably suffers. International investors notice, insurance companies notice, maintenance organisations notice and most importantly, aircraft owners notice every month the aircraft remains parked in the hangar instead of flying.

The consortium behind the media statement believes this will probably be its penultimate update on the matter. One certainly hopes so.

General aviation has spent long enough discussing paperwork. Pilots generally prefer flying and talking about flying. If the Department's promised timeline is achieved, this lengthy chapter may finally be drawing to a close. Of course, seasoned South African aviators know that hope should always be carried alongside a healthy fuel reserve and an alternate airfield.

So, while the industry is cautiously optimistic, few will be uncorking the celebratory champagne until the Government Gazette actually arrives. After all, in aviation—as in regulation—an aircraft is not considered airborne until the wheels have genuinely left the runway.