Civil Aviation Act, 2009 (Act No. 13 of 2009)

Chapter 4

Part 4 : Reporting on Completion of any Aircraft Accident or Aircraft Incident Investigation

43. Manner of dealing with representations

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(1)The Aviation Safety Investigation Board must—
(a)receive representations made to it pursuant to section 42 in any manner the Aviation Safety Investigation Board considers appropriate;
(b)keep a record of those representations;
(c)consider those representations before preparing its final report; and
(d)notify in writing each of the persons who made those representations, indicating how the Aviation Safety Investigation Board has disposed of that person's representations.

 

(2)A representation is privileged, except if it is a representation made by a Minister responsible for a department having a direct interest in the findings of the Aviation Safety Investigation Board subject to this Act or to a written authorisation from the author of a representation, and no person may knowingly communicate any representation or permit it to be communicated to any other person.

 

(3)The Aviation Safety Investigation Board may use representations it considers necessary in the interests of aviation safety.

 

(4)If requested to do so by a judicial inquest instituted in terms of the Inquests Act, conducting an inquest into any circumstances in respect of which representations were made to the Aviation Safety Investigation Board, it must make such representations available to such inquest.

 

(5)Except for use for the purpose of an investigation by a judicial inquest in terms of the Inquest Act no person may use any representations made to the Aviation Safety Investigation Board under this section in any criminal, civil, disciplinary or other proceedings.