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The protection of debtor’s interests is a primary considerations that led to support of the Aircraft Protocol and continues to be a motive force for the airline industry to urge the Government to consider amendments to the current implementation prescripts, reform the declarations to conform to constitutional requirements and ensure that the qualifying declarations as required for admission to the Cape Town List are legally adequate. Yet, the same underlying consideration for protecting debtor’s interests prompted the South African delegation to the Diplomatic Conference for the Adoption of the Space Asset Protocol to introduce a resolution that clearly spelt out debtor’s interests will be taken into consideration in the implementation of the Space Asset Protocol.

It is clear that, but for the Aircaft Sector Understanding, debtor’s interests would have been a minimal consideration in the Convention system. This consideration is paramount to the local industry whose consensus as a precondition for legislative interventions.

The Airline industry, led by the Association of Airlines of South Africa, has embarked on an awareness raising crusade to appeal to the Government to effect the necessary amendments to the CIIME Act, the Insolvency Act and the Companies Act for domestic air law to be fully compliant with the requirements of the Cape Town Convention. This is so because the local airline is not deriving the economic benefits accruing to State jurisdiction who implement the Convention system in a satisfactory manner.

Adv. Phetole Sekhula practices law in the High Court mainly in fields of commercial, contracts and local government laws. He holds a Juris Doctor degree from Georgetown University in Washington, DC, where he majored in Air and Space Law. He completed his undergraduate program at Morehouse College in Atlanta, Georgia where he trained on property development, construction and urban planning.

In his legal practice, Adv. Sekhula has advised municipalities on many aspects of local government law including township establishment regulations, Municipal Systems Act, the MFMA and implementing labour law legislation such as Basic Conditions of Employment and employment equity laws. He has assisted in drafting by-laws and contract management systems for local governments. He has chaired disciplinary hearings involving Municipal Managers and section 57 employees.

Adv. Sekhula serves as a Council member at the South African Council for Space Affairs (SACSA), a government agency responsible for regulating space activities in South Africa. As Chair of the Policy and Legal Committee, he is responsible for research and drafting policy papers on behalf of SACSA to guide the development of a coherent space regulatory framework. Presently, he is engaged in review of the current space legislation and drafting a new Space Act. [1]

  • • Private Practice, 2009-2014 (5 years)
  • • Pretoria Society of Advocates, September 2014—

Adv Sekhula is currently the Chairperson of the International Air Services Council (IASC) a statutory Government agency mandated to issues internal air services license to both local and foreign operators. The IASC advises the Department of Transport on all international air services regulations and relies on an economic regulatory model when assessing and adjudicating license application.

  • [1] Admitted to practice in 1993 and practised as member of Johannesburg Society of Advocates,Johannesburg Bar from 1993 to 1995 (2 years); • Worked as Senior Manager: Legal Services for Department of Posts, Telecommunications andBroadcasting, 1995 • General Manager: Corporate Affairs, M-NET, 1996-1998 (2 years) • Private Practice (Not at Bar) 2000-2005 (5 years) • Johannesburg Bar, 2006-2008 (2 years)
 
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