Search and Seizure

Questions to the CEO of the SACAA. Please ensure posts comply with the Read Before posting announcement.

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Search and Seizure

Unread post by Mauler » Fri Aug 27, 2010 12:24 pm

Dear Colin

You will recall that during a meeting between yourself, Koos Marais, our our legal representatives and,inter alia, SAPS Lieutenant-General André Pruis you indicated that members of the SAPS and CAA can, without warrant or any justifiable reason enter, search and seize any property for the purposes of "monitoring compliance".

This morning, a person using the pseudonym "TWR FUNDI" and purporting to be an inspector under the employ of the South African Civil Aviation Authority (CAA) made the following statement:
TWR FUNDI wrote: I am confident in being able to tell you that in terms of the Aviation Act and its Regulations, I, as an Authorised Officer (Inspector), amongst many other things, have the authority to enter any premises, aircraft, aerodrome, civil aviation facility in order to inspect any aircraft, component, equipment, license, certificate, permit, etc.etc. and I do not require your consent, neither do I require a warrant from a judge. I do not even have to have 'reasonable grounds' to do this.
He furthermore made the statement:
Tread very carefully Mauler.
which I consider to be deliberately intimidatory in terms of section 1 of the Intimidation Act, 1982.

You will undoubtedly recall that on several occasions both the Airfield Owners Association (AOA) and the Aircraft Owners and Pilots Association (AOPA) have drawn your attention to our members' rights to privacy which precludes their persons or property being searched or seized without warrant or just cause. You have chosen to ignore our notices and appear to rely on your (in our opinion, rather incompetent) redrafting of aviation legislation.

We would appreciate if you would confirm whether or not the above purported inspector's postings indeed reflect your and the CAA's policy and understanding of the Civil Aviation Act.

I shall copy this communication to yourself and to the Minister of Police on both AOA and AOPA letterheads. Should we not receive a satisfactory response from you, we shall proceed to take such steps as may be necessary to protect the interests of our members without further notice to yourself or the Minister.

Yours faithfully,

CJA Martinus
ex officio AOA/AOPA
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Re: Search and Seizure

Unread post by Colin Jordaan » Wed Oct 27, 2010 9:21 am

Dear Mauler
May I please ask AOPA to send me formal correspondence on the matter, so it can be addressed appropriately. Since your query and/or threat has legal implications it would be inappropriate to respond on this forum.
Best regards

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