| (1) |
The Minister must, in the event of a railway occurrence requiring a major investigation contemplated in section 50(1)(a), by notice in the Gazette, appoint an independent institution or panel of persons (in this section referred to as the "investigator") who have no direct or indirect connection with, or interest in, any person or operator involved in the railway occurrence, to conduct an investigation on that particular railway occurrence. |
| (2) |
The notice contemplated in subsection (1) must contain— |
| (a) |
the name of the institution or the names of the persons serving on the panel referred to in that subsection; |
| (b) |
the terms of reference of the investigation; |
| (c) |
the date by when the investigator’s findings on the causes and circumstances of the railway occurrence and recommendations relating thereto must be submitted to the Minister; |
| (d) |
a reference to any provisions of the Commissions Act, 1947 (Act No. 8 of 1947), that may apply to the investigator, with the necessary changes, subject to such modifications and exemptions as may be specified in the notice; |
| (e) |
measures for the protection of personal information of any person directly or indirectly involved with the railway occurrence; and |
| (f) |
any other matter which the Minister may consider necessary for the expeditious and effective finalisation of the investigation. |
| (3) |
The Department must provide all necessary financial, administrative, logistical and legal support to the investigator. |
| (4) |
The investigator may submit interim reports to the Minister. |
| (5) |
The mandate of the investigator ends upon submission of the final report to the Minister, upon which the investigator’s duties and authority comes to an end. |
| (6) |
The investigator may not publish any report or disclose any information to the public, without the authorisation of the Minister, unless it is demonstrably in the interests of justice or of the public to do so. |
| (7) |
The Minister must, after receipt and consideration of the investigator’s final report, without undue delay— |
| (a) |
publish the report in any manner that the Minister considers fit; |
| (b) |
as far as may be practicable, give effect to the recommendations by the investigator; and |
| (c) |
if recommended by the investigator, refer the report and any supporting documents or other evidence accepted by the investigator in his, her or its investigation to any regulatory or prosecutorial entity. |
| (8) |
Subject to subsection (9), this section does not prevent an operator or the Regulator from conducting its own internal investigation into a railway occurrence, but— |
| (a) |
the investigation and the investigator contemplated in subsection (1), at all times and in all respects, take precedence over an internal investigation, including in respect of access to eye witnesses and evidence; |
| (b) |
such an internal investigation may in no way interfere, hinder or impact on the investigation contemplated in subsection (1); |
| (c) |
the investigator may instruct the operator to provide full and unfettered access to any records produced by, or other evidence in the possession of, the operator relating directly or indirectly to the railway occurrence; |
| (d) |
the person conducting an internal investigation may not conceal, alter or destroy any records produced by, or other evidence in the possession of, the operator relating directly or indirectly to the railway occurrence; |
| (e) |
the person conducting an internal investigation must confidentially inform the investigator of any information or records he or she comes into possession of or of which he or she becomes aware, if that person suspects or knows that the investigator is not aware of such information or record; |
| (f) |
the findings, conclusions, recommendations or results relating to the investigation may not be released into the public domain until the report by the investigator has been published as contemplated in subsection (7)(a). |
| (9) |
The Minister may, if he or she considers it necessary, in writing, prohibit an operator or the Regulator from conducting an internal investigation contemplated in subsection (8). |
| (10) |
Any person who wilfully interrupts the proceedings of an institution or panel appointed in terms of subsection (1) or who wilfully hinders or obstructs any such institution, panel or an investigator in the performance of its, his or her functions, is guilty of an offence. |
| (11) |
Any person who wilfully fails to comply with subsection (8)(b), (c), (d), (e) or (f), is guilty of an offence. |
[Section 51 excluded from commencement date of 1 August 2025, as per Proclamation Notice 269, GG52947, dated 7 July 2025]
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