Introduction Aviation Law in the School of Law

Aviation is one of the most heavily regulated industries in the world, sitting at the intersection of public law, private law, constitutional law, and international convention. STADIO’s Aviation Law module (AVL482) offers students the opportunity to engage with this specialised field. Students will be examining everything from the legal foundations of flight to liability in international carriage, insurance disputes, and the financing of aircraft acquisitions.

Developed in partnership with the Henley Aeronautical Institute of Learning (HAIL) and with input from expert, Pierre Naude, from Deneys (formerly Norton Rose Fullbright), the study guide is authored and lectured by David Swanepoel of David Swanepoel Attorneys, Notaries and Conveyancers. This collaboration ensures that the module reflects both the rigour expected at NQF Level 8 and the practical realities of legal work in the aviation sector.

An overview of the module

The module is structured across six topics, each building towards an integrated understanding of aviation law in its domestic and international dimensions:

Topic 1 – The History of Aviation Law: traces the emergence of aviation as a regulated field, from the Paris Convention of 1919 through to the Chicago Convention and the development of South African aviation legislation.

Topic 2 — Aviation Legislation and Regulation in South Africa: covers the Civil Aviation Act 13 of 2009, the Civil Aviation Regulations, the role of the SACAA, constitutional dimensions, and the growing use of alternative dispute resolution in aviation disputes.

Topic 3 — Aviation Insurance: examines policy interpretation by South African courts, party-specific liability, the insurer’s enforcement role, and the legal consequences of flight accidents.

Topic 4 — International Flights: addresses sovereignty and traffic rights, liability under the Montreal Convention, international airspace jurisdiction, and the legal framework for security of international flights.

Topic 5 — Airports and Aerodromes: explores the legal setup of airport operations, licensing, negligence and liability, and the legal significance of take-off and landing thresholds.

Topic 6 — Financing of Aviation Acquisitions: deals with the Cape Town Convention, aircraft mortgages and registration, aircraft leasing, and the law governing default, repossession, and insolvency.

Who can register

AVL482 is offered as an elective to STADIO LLB students in their final year (Year 4). It is also available as a standalone module to non-degree students — meaning that anyone with an interest in aviation law, regardless of their current qualification or institution, may register and complete the module independently. This includes industry professionals, pilots, airline operations staff, and persons from other disciplines who wish to develop a formal understanding of aviation law. The module is offered by distance learning over one semester, making it accessible alongside existing professional or academic commitments.

How to Register

LLB students at STADIO select AVL482 through the standard registration process as their chosen elective.

Non-degree students can find registration fees on the STADIO website under the LLB distance learning pages. To register or to enquire about the module, send an email to aviationlaw@stadio.ac.za.