Civil Aviation Act, 2009 (Act No. 13 of 2009)Chapter 4Part 1 : Aircraft Accidents and Aircraft Incidents, Establishment of Aviation Safety Investigation Board in Compliance with Convention, Jurisdiction of Aviation Safety Investigation Board and Objects of Aviation Safety Investigation Board11. Objects of Aviation Safety Investigation Board |
| (1) | The objects of the Aviation Safety Investigation Board are to advance aviation transportation safety by— |
| (a) | conducting independent investigations, including, when necessary, public inquiries into selected aircraft accidents and aircraft incidents in order to make findings as to their causes and contributing factors; |
| (b) | identifying safety deficiencies as evidenced by aircraft accidents and aircraft incidents; |
| (c) | making recommendations designed to eliminate or reduce any such safety deficiencies; |
| (d) | reporting publicly on its investigations and on the findings in relation thereto; |
| (e) | promoting compliance with the provisions and procedures of Annex 13 to the Convention; |
| (f) | investigating aircraft accidents and aircraft incidents in compliance with the provisions and procedures of Annex 13 to the Convention; and |
| (g) | discharging all other functions and obligations in compliance with the provisions and procedures of Annex 13 to the Convention. |
| (2) | The Aviation Safety Investigation Board must not apportion blame or liability in any report following the investigation of any aircraft accident or aircraft incident, and the sole objective of the investigation is accident prevention. |
| (3) | In making its findings as to the causes and contributing factors of an aircraft accident and an aircraft incident, it is not the function of the Aviation Safety Investigation Board to assign fault or determine civil or criminal liability, but the Board must not refrain from fully reporting on the causes and contributing factors merely because fault or liability might be inferred from the Aviation Safety Investigation Board's findings. |
| (4) | No finding of the Aviation Safety Investigation Board must be construed as assigning fault or determining civil or criminal liability. |
| (5) | The findings of or the evidence before the Aviation Safety Investigation Board are not binding on the parties to any legal, disciplinary or any other proceedings and may not be used in any civil, criminal or disciplinary proceedings against persons giving such evidence. |
| (6) | Where the causes and contributing factors of any aircraft accident or aircraft incident is known to the Aviation Safety Investigation Board it may refuse to investigate such aircraft accident or aircraft incident. |
| (7) | Subject to the provisions of the South African Maritime and Aeronautical Search and Rescue Act, 2002 (Act No. 44 of 2002), and the Convention, the South African Police Service, shall have rights of prior access to any scene of an aircraft accident or aircraft incident. |