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.