Part 139: An Existential Threat to Namibian Aviation
In November 2018 the NCAA proposed and gazetted an entirely new set of aviation regulations to supplement the Namibia Civil Aviation Act of 2016. These regulations were written to replace the regulations of 2001, which have guided Namibian aviation law for the past 21 years.
These new regulations are far more extensive and complex, raising serious questions as to who exactly wrote and edited them since they will have a detrimental impact on the Namibian Aviation Industry.
The new Part 139 regulations — dealing specifically with aerodromes — are a complete change from the existing 2001 regulations and, if promulgated in full, will have a devastating effect on ALL aerodromes in the country of Namibia.
Since November 2018, AOPA has been leading the fight against the implementation of these onerous new regulations. During the past four years, countless letters have been written and numerous meetings have taken place in an attempt to convince the NCAA to withdraw these new Part 139 regulations and continue to use the existing regulations from 2001.
Below is a timeline of correspondence that has gone back and forth between AOPA, the NCAA and the Ministry of Works and Transport in an attempt to get the NCAA to greatly reduce or fully withdraw these new regulations that will DESTROY the General Aviation Industry in Namibia.
PART 139: FOUR YEARS OF FRUSTRATION
The following is a four-year timeline of correspondence between AOPA, NCAA and Ministry of Works of Works and Transport regarding the new Part 139 aerodromes regulations.
– 2022 –
27 September – Letter from MWT to the NCAA Board
Letter from the Minister of Works and Transport, Hon. John Mutorwa, to the NCAA Chairman of the Board, Mr. Bethuel Mujetenga, granting a 6-month extension to the implementation of new Part 139 regulations. The Hon. Minister directs the NCAA, NCA and AOPA to come to a consensus agreement on the new Part 139 regulations during the extension time.
26 September – Letter from AOPA to the MWT
Letter from AOPA to the Hon. Minister of Works and Transport, John Mutorwa, disagreeing with the results of the September 15, 2022 stakeholder meeting hosted by NCAA to discuss the new Part 139 regulations as well as to ask for an additional 6 month extension before promulgating the new regulations.
23 September – Letter from NCAA Board to the MWT
Letter from the NCAA Chairman of the Board, Mr. Bethuel Mujetenga, to the Minister of Works and Transport, Hon. John Mutorwa, requesting to postpone the entry into force of Part 139 regulations for 6-months.
23 September – Letter from AOPA to the NCAA Board
Letter sent from AOPA to the NCAA Chairman of the Board, Mr. Bethuel Mujetenga, addressing issues with the September 15th, 2022 stakeholders meeting, once again stating the General Aviation industry's legal issues with new Part 139 regulations, and requesting a 6-month extension to Part 139 implementation until such issues are fairly addressed.
21 September – Letter from MWT to the NCAA Board
Letter from the Minister of Works and Transport, Hon. John Mutorwa, to the Chairman of the NCAA Board, Mr. Bethuel Mujetenga, complaining about the lack of organization on part of the NCAA ED and the NCAA BOD, and referring to AOPA 's letter of 21 September, 2022.
21 September – Letter from AOPA to the MWT
Letter from AOPA to the Minister of Works and Transport, Hon. John Mutorwa, regarding recent articles about the 15 September 2022 Part 139 stakeholders meeting, which appeared in the Namibian press.
21 September – Letter from AOPA to the NCAA ED
Letter from AOPA to the NCAA ED, Ms. Toska Sem, regarding the outcome of the September 15, 2022 stakeholder's meeting and requesting postponement of Part 139 due to legal ramifications.
20 September – Letter from NAC CEO to the MWT
Letter from the Namibia Airports Company CEO, Mr. Bisey Uirab, to the Minister of Works and Transport, Hon. John Mutorwa, stating the NAC's organizational position and recommendations on the new Part 139 regulations.
Please Donate to Our Legal Defense Fund to Fight Part 139
We need your help to block the passage of the new Part 139 Aerodrome regulations that will KILL aviation in Namibia. Please EFT a donation to AOPA Namibia's legal defense trust fund so we can bring litigation against such poorly conceived new regulations!
Are You an Individual AOPA Namibia Member?
Please consider making a N$1,000 EFT donation to help us keep Part 139 from becoming law on March 31st, 2023:
Remember that private flight operations at non-certified aerodromes will be deemed uninsurable the moment Part 139 becomes law!
Account Name: AOPA NAMIBIA
Bank: Bank Windhoek
Branch: Capricorn
Branch Code: 486372
Account Number: 8000265000
Ref: [Your name], Part 139 LDF Donation
Are You a Corporate AOPA Namibia Member?
Please consider making a N$50,000 EFT donation to help us keep Part 139 from becoming law on March 31st, 2023.
Remember that commercial flight operations at non-certified aerodromes will be deemed uninsurable the moment Part 139 becomes law!
Account Name: AOPA NAMIBIA
Bank: Bank Windhoek
Branch: Capricorn
Branch Code: 486372
Account Number: 8000265000
Ref: [Your organization], Part 139 LDF Donation
Got Questions About How Part 139 Legislation Will Impact Namibian Aviation?
Give AOPA Namibia's CEO – Jochie Sell – a call at +264-(0)81-2356391.
Or email Jochie at ceo@aopa.org.na