NCAA strengthens investigative arm
In line with the Namibia Civil Aviation Authority's (NCAA) task to safeguard and uphold aviation safety in Namibia, it has put out a call to former judges and magistrates to join a panel of experts to provide additional input in case of future investigations.
A public invitation placed recently by the NCAA refers to Section 41 of the Namibia Civil Aviation Act which permits the authority to, as needed, launch an investigation of a participant or a holder of an aviation document if there are sufficient grounds in the interest of civil aviation safety and security. As such, the NCAA intends to use the services, from time to time, of retired judges or magistrates who have served on the Namibian judiciary to independently chair such investigations when appropriate. The selected chairpersons will be remunerated on a pro rata basis on the scale of judges and magistrates. The authority's legal expert Christoph Seimelo confirmed that the panel would only be called on when deemed necessary.
He said the panel is not intended to render the powers of investigators and the civil aviation director moot but simply to bring on board additional objectivity in some cases as required. “We believe that because of their experience, former magistrates and judges are generally very objective and neutral, and they know how to handle evidence. It won't be an everyday thing. It will only happen once in a while, where you call on them to chair an enquiry.” He explained that under usual circumstances, if there are allegations of irregularity or non-compliance, an NCAA inspector heads an investigation, and provides the preliminary findings to the NCAA head. In case of the findings being disputed, the NCAA will request the panel to step in, he added. According to him, the Act moves Namibia much closer to compliance with the five basic critical elements that ICAO consider are the fundamental foundation for a state to respond effectively to its safety and security oversight responsibilities in terms of the Chicago Convention. He explained that there is a need for governments to adopt aviation change and risk management policies and ensure operator service standards continue to improve in a financially sustainable way. The NCAA is responsible for overseeing the safety framework within which these important developments occur in Namibia and in addition, will be directly involved in providing modern communications, navigation and surveillance infrastructure directly to aviation operators.
JANA-MARI SMITH
A public invitation placed recently by the NCAA refers to Section 41 of the Namibia Civil Aviation Act which permits the authority to, as needed, launch an investigation of a participant or a holder of an aviation document if there are sufficient grounds in the interest of civil aviation safety and security. As such, the NCAA intends to use the services, from time to time, of retired judges or magistrates who have served on the Namibian judiciary to independently chair such investigations when appropriate. The selected chairpersons will be remunerated on a pro rata basis on the scale of judges and magistrates. The authority's legal expert Christoph Seimelo confirmed that the panel would only be called on when deemed necessary.
He said the panel is not intended to render the powers of investigators and the civil aviation director moot but simply to bring on board additional objectivity in some cases as required. “We believe that because of their experience, former magistrates and judges are generally very objective and neutral, and they know how to handle evidence. It won't be an everyday thing. It will only happen once in a while, where you call on them to chair an enquiry.” He explained that under usual circumstances, if there are allegations of irregularity or non-compliance, an NCAA inspector heads an investigation, and provides the preliminary findings to the NCAA head. In case of the findings being disputed, the NCAA will request the panel to step in, he added. According to him, the Act moves Namibia much closer to compliance with the five basic critical elements that ICAO consider are the fundamental foundation for a state to respond effectively to its safety and security oversight responsibilities in terms of the Chicago Convention. He explained that there is a need for governments to adopt aviation change and risk management policies and ensure operator service standards continue to improve in a financially sustainable way. The NCAA is responsible for overseeing the safety framework within which these important developments occur in Namibia and in addition, will be directly involved in providing modern communications, navigation and surveillance infrastructure directly to aviation operators.
JANA-MARI SMITH
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