Cap. 641 Art. 91Appeals to Aviation Appeals Board.

(1) An appeal shall lie to the Aviation Appeals Board by any person or institution, or any department or agency of Government having an interest and being aggrieved by any one of the following decisions of the Directorate or Director General:

(a) the decision that a person is not, for any relevant reason, fit to hold or be awarded a licence issued in terms of this Act or to perform any duties in whatever capacity;

(b) the decision that a person, organisation or undertaking, for any relevant reason, is not fit to hold or be awarded a licence, permit, certification or other authorisation to operate or, as the context requires, to operate as:

(i) an aircraft;

(ii) an air transport undertaking operating under an AOC;

(iii) a flying school;

(iv) a flight simulation training device (FSTD);

(v) an approved training organisation;

(vi) a declared training organisation;

(vii) a cabin crew training organisation;

(viii) an air traffic control (ATC), air traffic management (ATM) or air navigation services (ANS) training organisation;

(ix) English language testing body;

(x) maintenance organisation;

(xi) continuing airworthiness management organisation;

(xii) aircraft maintenance training and examination organisation;

(c) any decision to ground an aircraft;

(d) any result of any test or examination required in order to obtain any licence in terms of the Act:

Provided that in relation to paragraph (d) above the Directorate may by regulatory instrument establish procedures for the revision of examination results;

(e) any refusal to grant or any decision to suspend or revoke any licence, permit or other authorisation granted by the Directorate or Director General;

(f) the decision to impose an administrative penalty;

(g) the decision to take or initiate an enforcement measure, enforcement order or cease and desist order and to impose any administrative penalty in relation thereto.

(2) An appeal in terms of sub-article (1) shall be filed within twenty (20) days of notification of the relative decision or order upon the person interested:

Provided that the appeal shall be limited to grounds of procedural unfairness or unreasonableness in the decision taken.

(3) All decisions taken in pursuance of this Act shall forthwith be communicated to the person interested and shall contain an indication of that person’s right to appeal under this article together with reasons for the decision taken.

(4) The filing of an appeal under this article shall in no manner suspend the decision of the Directorate or Director General.