Final ZS-CAR Accident Report

26 January 2022

Johannesburg – The South African Civil Aviation Authority (SACAA) has noted the release and publication of the final accident investigation report on the ZS-CAR accident which took place on 23 January 2020 and tragically claiming the lives of three of its employees.

The Minister of Transport, Honourable Fikile Mbalula, handed over the investigation into the accident involving the Flight Inspection Unit (FIU) crew and aircraft to an independent investigator.

The move by the Minister followed the request by the families of the deceased employees to hand over the investigation to an independent party as a result of the perceived proximity of the Aircraft Accident and Incident Investigation Division (AIID), the Regulator and the Operator (FIU) which they believed may compromise the integrity of the investigation. As a result, the Minister appointed the Ethiopian Aircraft Accident Investigation Bureau (AAIB), to take over the investigation in full. The SACAA supported and welcomed this decision and cooperated fully with the investigators and their process.

The International Civil Aviation Organization (ICAO) Annex 13 and Part 12 of the Civil Aviation Regulations (CARs) outlines the procedures for conducting aircraft accident investigations and in this regard Part 12.05.1 (4) of the CARs states that:

“The Executive responsible for aircraft accident and incident investigation shall send the draft final report to the investigation for comments to the State of Registry, State of the Operator, the Operator, the State of Design, organisation responsible for the final assembly of the aircraft and any other State that participated in the investigation. In this case, the AAIB would send the draft final report for comments given the fact that the investigation was delegated to them in full. Part 12 further states that ... (5) The State or organisation referred to in sub-regulation (3) and (4) shall be given a period of 60 days from the date of transmission of the draft final report, within which to make comments therein.”

The SACAA confirms that the independent investigators invited comments from the SACAA (the Regulator representing the State of Registry and State of Operator) and the Flight Inspection Unit (the Operator) on the draft final report on 29 August 2021. The comments were duly submitted to the Ethiopians through the Department of Transport on 05 October 2021, with further engagements on the submissions made until 04 November 2021.

The SACAA and the Operator upon studying the Report have noted with concern that the report published on Sunday, 23 January 2022, contains stark differences with the report shared with affected Parties on 29 August 2021. In both the Regulator and the Operator’s preliminary observations, the published report contains new information and subsequent findings which differ materially from the information contained in the draft report, to which the Regulator and Operator were not given an opportunity to comment.

The SACAA and the Operator have also noted gross mistakes and inaccurate references to the CARs in the new findings, which compromise the integrity and accuracy of the report. The SACAA and Operator are in possession of evidence that will refute the new information in the final report and if considered will satisfactorily address the new findings.

The publishing of the final report without the comments from the Operator and the Regulator is unprocedural and inconsistent with the ICAO prescripts and CARs. The SACAA has taken a decision to appeal the report to the Minister of Transport and is requesting for the reopening of the investigation to allow the Regulator and the Operator time to duly comment on the new information and findings in the final report on which they were not consulted by the investigating authority. This is in line with the provisions of the International Civil Aviation Organization’s Annex 13, read with clause 10.9 of ICAO DOC 9963 as well as Part 12.05.3 of the Civil Aviation Regulations, 2011.

The SACAA and Operator will therefore reserve any further comments and will not engage on the details of the current report until the application process to the Minister of Transport is concluded. The Regulator commits to playing its part in expediting the finalisation of this process by cooperating with the investigators in full and in a speedy manner. The Regulator is mindful that further delays only serve to prolong the process of closure for the affected parties particularly the families of the deceased.

The SACAA’s mandate is to regulate civil aviation safety and security and the Regulator takes this responsibility very seriously, and will continue to uphold the highest standards of safety and security. This commitment does not only apply to the Regulator’s oversight responsibility towards the industry but it also extends to the Regulator’s own conduct.

-ENDS-

Issued by the South African Civil Aviation Authority About the SACAA:

The South African Civil Aviation Authority (SACAA) is a Schedule 3A public entity reporting to the Department of Transport established in terms of the Civil Aviation Authority Act, 2009 (Act No 13 of 2009) (the Act). In terms of mandate, the SACAA is tasked with promoting and maintaining a safe, secure, and sustainable civil aviation environment, by regulating and overseeing the functioning and development of the industry in an efficient, cost-effective, and customer-friendly manner according to international standards. The SACAA is governed and controlled by the Civil Aviation Authority Board.