9. The Cape Town Convention and Its Implementation in South African Air Law

To provide an overview of the domestic legal mechanisms adopted by the Republic of South Africa to implement the Convention on International Interests in Mobile Equipment, the Aircraft Equipment Protocol and the Space Asset Protocol). The legal uncertainty surrounding the implementation of the Cape Town Convention relates to the manner in which certain declarations were made and these have been proven to be inconsistent not only with the Constitution of the Republic, but with Company and insolvency laws as well. These uncertainty has resulted in South Africa being excluded from enjoying the benefits flowing from being a State party to the Convention. Presently, South Africa is excluded from the Cape Town List with resultant commercial exclusion under the OECD arrangement. However, efforts are underway to correct the anomalies and suggestions for reforms have been forwarded to the relevant authorities.