Part I Air traffic
Chapter I Air traffic services
Enforcement
I124 Effect of orders.
1
The licence holder to which a final or provisional order relates has a duty to comply with it.
2
The duty is owed to any person who may be affected by a contravention of the order.
3
A breach of the duty which causes such a person to sustain loss or damage is actionable by him.
4
In proceedings brought against a licence holder under subsection (3) it is a defence for it to prove that it took all reasonable steps and exercised all due diligence to avoid contravening the order.
5
Compliance with a final or provisional order is also enforceable by civil proceedings brought by the CAA for an injunction or for interdict or for any other appropriate relief or remedy.
6
Subsection (5) does not prejudice a right a person may have by virtue of subsection (3) to bring civil proceedings for contravention or apprehended contravention of a final or provisional order.