House debates

Monday, 11 February 2013

Adjournment

Nelair Flight ZS KOX

10:23 pm

Photo of Gary GrayGary Gray (Brand, Australian Labor Party, Minister for the Public Service and Integrity) Share this | Hansard source

I know it is unusual, but I rise to speak on a matter of indulgence. I acknowledge comments made earlier today by my friend the member for Pearce. I wish to speak of the crash in Zambia of Cessna ZS KOX on 9 September 2004. I would like to acknowledge family members listening to this broadcast and those present here this evening that have contributed to a search for justice: Her Excellency Koleka Mqulwana, South African High Commissioner; His Excellency Michael Small, Canadian High Commissioner; Mr Tony Brennan, Deputy British High Commissioner; Mr Sam Morton, who tragically lost his daughter and son in-law in this crash; and Alan Stray, who was working at the Australian Transport Safety Bureau during the time of the crash and provided advice to Mr Morton. Justine Watters, her husband, Matt, and Matt's mother, Shirley, from Perth, died in the crash. The others who died were Justine's friends from England, Justin and Rebecca Ward, and the Canadian pilot, Mike Channer.

Shirley, Matt, Justine, Justin and Rebecca were on a two-week holiday in Zambia and had flown from Mfuwe in Eastern Zambia to Livingstone to view Victoria Falls. Shortly after the return flight began, the propeller fell off at 8,000 feet, and six minutes later the plane crashed, killing all on board. I have been informed that this is the first time a propeller has detached in this way in Southern African Aviation history. ZS KOX was a South African registered and maintained Cessna aeroplane operating temporarily in Zambia. It had flown approximately 30 operating hours since its maintenance service in South Africa 19 days earlier. The subsequent investigation, focusing on the maintenance company Nelair, has been one of missing files and missing evidence, much to the frustration of the South African National Prosecutions Service. The member for Pearce has in some detail earlier today highlighted the challenges investigators have faced in a search for truth, justice and safer skies in South Africa. Since the crash of ZS KOX in 2004, Nelair has been involved in two more serious incidents. On 22 August 2007, Nelair aircraft ZS MHE was involved in a forced landing with five tourists on board.

From the South African Civil Aviation Authority Report CA18/2/3/8354, the following findings were made: 'During the recovery of aircraft wreckage it was found that the hydraulic pressure door open hose was punctured by a screw, resulting in a hydraulic leak. The airframe log book was reviewed, and there were anomalies in relation to operating hours. The information about engine overhaul operating times was not entered into the appropriate pages and was found to be unreliable. When the hose wheel bay was checked for possible items that may have caused the hydraulic hose to rupture, it was considered that the identified hydraulic hose may have been slightly too long and thus rubbed against a screw or bolt. When requested to give information of the evacuation process that followed the accident, one passenger reported that the emergency door could not open. They were thus momentarily trapped inside the aircraft.'

These findings led to the following safety recommendation in the report: 'It is recommended that the South African Civil Aviation Authority should increase its oversight activities in respect of small operators.' Again, on 23 July 2010, another Nelair aircraft, ZS KDX, had a propeller separation similar to ZS KOX six years earlier. The following findings were made in the South African Civil Aviation Authority report into the incident CA18/3/2/0796: 'While in a straight and level flight, the propeller blades separated from the propeller hub. Various propeller maintenance organisations confirmed verbally that it was a norm in the industry that certain tasks were not carried out due to alleged cost implications to the owners. None of these AMOs were prepared to put this in writing. It is the investigator's opinion that the practice of not conforming to the manufacturer's requirements during a mid-life inspection could have contributed to this incident. Investigation of the blade root revealed that a crack had started from the outside of the blade root, progressing inward until the final failure occurred; and, though log books reflected that the aircraft was correctly maintained, it is the investigator's opinion that the propeller was not maintained as called for by the manufacturer.'

These findings led to the following recommendation: 'In the interest of aviation safety it is recommended that the department of civil aviation should through the appropriate department ensure that all propeller overhaul facilities adhere to the mid-life inspection requirements as stipulated by the propeller manufacturer.'

I extend my condolences to the families so sadly affected by these tragic events. I pay tribute to the family members and to the great humanity of Mr Sam Morton.

Finally, I table exhaustive documentation that I have compiled on the crash of ZS KOX. I know I speak for this parliament when we appeal to the South African Department of Transport to take appropriate action to ensure proper investigation and, if appropriate, prosecution of those responsible for those terrible and tragic event. Many South Africans, Africans, Australians, British, Canadians and others travel by air in South Africa. They should be able to do so in safety.

Comments

Thomas Nel
Posted on 9 Mar 2013 3:13 am

Mr Gray

A few comments on your speech which is basically a replication of the Parliamentary speech of Hon Judi Moylan MP also on the 11th of February 2013:

1. Your heading reads "Nelair Flight ZS KOX" however the operator of the flight, as per the Zambian accident report, was a Zambian company named "Airwaves Airlink Zambia Limited". This creates the impression that Nelair operated the aircraft which is incorrect. The aircraft was not even owned by Nelair but by Mr NK Downing of Downing Travel Africa CC.

2. The reports that the propeller was removed in Zambia shortly before the accident by a certain Mr Phiri from Proflight were never investigated by the authorities. The Zambian report further states that all documentation of the aircraft, which includes possible defect reports made by the pilot in the 19 days following the last inspection by Nelair, as well as the pilots logbook were on board the aircraft and thus destroyed in the accident. This is directly against international standard practice to prevent the loss of valuable information which is exactly what happened in this instance. The operator "Airwaves Airlink Zambia Limited" was never questioned about this. It is far too convenient that information which could prove the true culprit of the accident was destroyed in the accident.

3. Nelair Engineering's AMO license was cancelled by the SACAA upon instruction from the South African Department of Transport due to pressure from the Australian Authorities for an outcome. The company was subsequently liquidated at the end of 2007. Furthermore all the Nelair group of companies have been deregistered as can be confirmed with the South African Companies and Intellectual Property Commission.

4. The aircraft ZS MHE, which suffered a collapsed nose landing gear on landing, was maintained by another AMO and not by Nelair for 700 flight hours before the incident.

5. Nelair was never a propeller overhaul facility and as such did not carry out the half-life inspection on the propeller of ZS KDX before its incident. The aircraft was operated by Sand River Crop Protection the new owner of the aircraft at the time of the incident. The company was in the process of registering the aircraft on their name when the accident occurred. In this incident one of the propeller blades separated from the propeller. This is completely different from the separation of the complete propeller hub with the accident of ZS KOX. The incident on ZS KDX is therefore completely irrelevant.

6. Due to continuous pressure from the Australian authorities the South African Department of Transport were forced to find a scapegoat to blame for the accident on ZS KOX without following the correct procedures. As such a full board of inquiry was never done and subsequently all of the long-time Nelair employees lost their jobs and company benefits.

I realize that there is a need for families to have closure in circumstances such as these, however it is evident that the information you have was obtained from a source which could not be anything other than subjective.

I think it would be best in future to obtain the necessary factual information before addressing such a large audience.

Regards

Thomas Nel
Former Nelair Employee