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

Chapter 4

Part 5 : Appeals against findings of Aviation Safety Investigation Board and Reopening of Aircraft Accident or Aircraft Incident Investigation

45. Appeal against findings on aircraft accident or aircraft incident investigation

[Section 45 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) Any affected person who feels aggrieved by the findings on an investigation, may appeal against such findings to an appeal committee established in terms of section 122, within 60 days after the publication of such findings.

 

(2) An appeal must be lodged in writing, stating the reasons why the findings should be varied or set aside.

 

(3) A person lodging an appeal must submit a copy of the appeal and any documents or records supporting such appeal, to the Aviation Safety Investigation Board and must furnish proof of such submission to the appeal committee.

 

(4) The Aviation Safety Investigation Board must, within 60 days of receipt of the copy of the appeal referred to in subsection (3), deliver a written reply to such appeal to the appeal committee.

 

(5) The appeal committee must adjudicate the appeal in accordance with Appeal Committee Rules as approved by the Minister.

 

(6) The appeal committee may confirm, vary or set aside the findings referred to in subsection (1).

 

(7) The appeal committee may keep in abeyance an appeal lodged in terms of this section if the provisions of section 69 are invoked before the finalisation of the appeal.

 

[Section 45 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]