Acts Online
GT Shield

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

Chapter 4

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

42. Manner of dealing with representations

[Section 42 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) Representations made pursuant to section 41(2)(b) may be submitted in any manner the Aviation Safety Investigation Board considers appropriate.

 

(a) keep a record of those representations;
(b) consider those representations before preparing its final report; and
(c) notify, in writing, each of the persons who made those representations, how the Aviation Safety Investigation Board has disposed of that person’s representations.

 

(3) 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.

 

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

 

(5) If requested to do so by a judicial inquest, instituted in terms of the Inquests Act, that is 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.

 

(6) Except for use for the purpose of an investigation by a judicial inquest in terms of the Inquests 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.

 

[Section 42 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]