Cablegate: South Africa Department of Transport Willing To

VZCZCXRO3799
RR RUEHDU RUEHJO
DE RUEHSA #3331/01 2631557
ZNR UUUUU ZZH
R 201557Z SEP 07 ZDS ZUI RUEHCS 9068 2631557
FM AMEMBASSY PRETORIA
TO RUEHC/SECSTATE WASHDC 1872
INFO RUEHDK/AMEMBASSY DAKAR 1330
RUEHTN/AMCONSUL CAPE TOWN 4846
RUEHDU/AMCONSUL DURBAN 9176
RUEHJO/AMCONSUL JOHANNESBURG 7442
RHMFIUU/FAA NATIONAL HQ WASHINGTON DC

UNCLAS SECTION 01 OF 02 PRETORIA 003331

SIPDIS

C O R R E C T E D C O P Y - FAA ADDRESS AND ROUTING INDICATOR

SENSITIVE
SIPDIS

DEPT FOR KGUSTAVSON, JREIFMAN
FAA WASHDC FOR NANGELO, MCINTRON
TSA FOR JHALINSKY

SIPDIS
DAKAR FOR FAA

E.O. 12958: N/A
TAGS: EAIR PREL ICAO FAA AORC SF
SUBJECT: SOUTH AFRICA DEPARTMENT OF TRANSPORT WILLING TO
ADDRESS LEGAL DEFICIENCIES

REF: PRETORIA 3102

PRETORIA 00003331 001.2 OF 002

1. (SBU) Summary: Economic Counselor and Transportation
Officer made a courtesy call on South African Department of
Transport (SADOT) Chief Director of Aviation Anwar Gany on
September 11. The conversation touched on the July Federal
Aviation Administration (FAA) audit and DOT plans to address
legal deficiencies regarding the autonomy of the CAA. The
Economic Counselor mentioned that there was a lack of clarity
as to who had ultimate authority regarding flight safety
issues. Gany stated that his office is willing to look at
proposals from the FAA on how to address the structure of the
Civil Aviation Authority (CAA) to bring it into compliance
with International Civil Aviation Organization (ICAO) safety
standards. End Summary.

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The Key Player at DOT
-----------------------

2. (SBU) Economic Counselor and Transportation Officer called
on South African Department of Transport Chief Director of
Aviation Anwar Gany on September 11. The conversation
touched on the July FAA audit and DOT plans to address legal
deficiencies regarding the autonomy of the CAA. Gany is the
senior official at the Department of Transport in charge of
aviation matters. Mr. Gany complimented the Transportation
Security Administration (TSA) on their audit process, but
expressed frustration with the FAA audit. He complained that
he was not informed about the audit until a day before the
auditors were to arrive. He said he was also unaware of the
audit timeline and unsure of how the decision would be made
regarding a potential downgrade to FAA Category II flight
safety status. Nevertheless, he was willing to consider
proposals from the FAA that would address the legal
deficiencies that had been identified in previous
consultations with the FAA.

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CAA Structure Still Problematic
-------------------------------

3. (SBU) The Economic Counselor mentioned that there was a
lack of clarity as to who had ultimate authority regarding
flight safety issues. Gany explained that the CAA CEO is
responsible for the operational, day-to-day management of the
CAA and reports to the CAA Board of Directors which reports
in turn to the Minister of Transportation. The Commissioner,
however, reports to the Minister of Transport and is the
ultimate authority on flight safety matters. Gany explained
that the decision to appoint someone other than the CAA CEO
as the Commissioner was made so that the CEO would not be the
same person granting or denying licenses and hearing appeals.
He claimed that the ICAO auditors found the CAA structure to
be adequate during the ICAO audit process. (Note: The
results of the ICAO audit have not yet been released. End
Note.) Gany then expressed the DOT's willingness to do
whatever is necessary to address the legal deficiencies
regarding the autonomy of the CAA. He explained that this
matter would need to be resolved within the DOT in the same
way as the so-called "Regulation 61" issue, pertaining to the
certification of pilots, which was resolved "with a stroke of
a pen". Gany stressed that his office represents the South
Africa Government and it would need to be involved in
decisions that would impact state policy.

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Biographical Note
-----------------

4. (SBU) Biographical Note: Gany began the meeting by
discussing the importance of aviation security. He stated
that he is a Muslim with moderate views and understands the
measures that are necessary to ensure aviation security,
especially in the run-up to a high profile event like the
2010 FIFA World Cup. He said he opposed the taking of
innocent life by Muslim extremists and believes in the
importance of religious tolerance in a diverse society. He
expressed his frustration with the denial of access to the
U.S. to influential South African travelers because of
religious profiling. Gany's colleague DOT Aviation Security
Director Mongezi India was taken into secondary screening at

PRETORIA 00003331 002.2 OF 002

the New York port of entry earlier this year. As a result,
India and Gany were both planning to travel to the ICAO
General Assembly in Montreal by way of London, rather than by
way of New York. Gany was educated in Australia and the
United Kingdom. He was the Projects Manager at the Airports
Company South Africa (ACSA) prior to joining the Department
of Transport as Chief of Aviation. He also worked as a
Station Manager at Durban International Airport for Transnet.
His other work experience consists of engineering and
logistics management. Gany said he enjoyed his visits to the
United States and described Americans as "boistrous, bullish,
but extremely professional.

Bost

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