Employment Equity Act, 1998
R 385
Civil Aviation Act, 2009 (Act No. 13 of 2009)Chapter 4Part 2 : Appointment of Members of Aviation Safety Investigation Board28. Independence and impartiality of Aviation Safety Investigation Board and Investigators |
[Section 28 heading substituted by section 8 of the Civil Aviation Amendment Act, 2021, Notice No. 956, GG46205, dated 6 April 2022, by Commencement Proclamation Notice 354, GG55536, dated 12 October 2026]
| (1) | The member of the Aviation Safety Investigation Board, investigator and accredited representative, expert and adviser must serve impartially and independently and exercise, carry out and perform his or her powers, duties and functions in good faith and without fear, favour, bias or prejudice, subject only to this Act and the Convention. |
| (2) | The Aviation Safety Investigation Board must function without any political or commercial interference. |
| (3) | A member of the Aviation Safety Investigation Board, investigator, accredited representative, expert or adviser may not conduct an investigation in terms of this Act or render assistance with regard to a matter in which he or she has pecuniary or other interest which might preclude him or her from exercising his or her powers or from carrying out or performing duties and functions in a fair, unbiased and proper manner. |
| (4) | If any member of the Aviation Safety Investigation Board, investigator, accredited representative, expert or adviser of the Aviation Safety Investigation Board fails to disclose an interest contemplated in subsection (3), the Aviation Safety Investigation Board may take such steps as it considers necessary to ensure a fair, unbiased and proper investigation. |
| (5) | A person designated by the Aviation Safety Investigation Board to investigate aircraft accidents and incidents in terms of this Act shall, for that purpose, report exclusively to the Aviation Safety Investigation Board through an Executive designated for that purpose. |
[Section 28 substituted by section 8 of the Civil Aviation Amendment Act, 2021, Notice No. 956, GG46205, dated 6 April 2022, by Commencement Proclamation Notice 354, GG55536, dated 12 October 2026]
