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 Board12. Jurisdiction of Aviation Safety Investigation Board |
| (1) | Notwithstanding any other legislation, the Aviation Safety Investigation Board must, in compliance with Annex 13 to the Convention, investigate any aircraft accident and aircraft incident for the purpose of carrying out its objects. |
| (2) | Notwithstanding any other legislation— |
| (a) | no department, other than the Department of Defence, may commence an investigation into an aircraft accident or aircraft incident for the purpose of making findings as to its causes and contributing factors, if— |
| (i) | that aircraft accident or aircraft incident is being or has been investigated by the Aviation Safety Investigation Board under this Act; or |
| (ii) | the Department has been informed that that aircraft accident or aircraft incident is proposed to be investigated by the Aviation Safety Investigation Board under this Act; and |
| (b) | where an investigation into an aircraft accident or aircraft incident is commenced by the Aviation Safety Investigation Board under this Act after an investigation into that aircraft accident or aircraft incident has been commenced by a department other than the Department of Defence, that department must forthwith discontinue its investigation, to the extent that it is an investigation for the purpose of making findings as to the causes and contributing factors of the aircraft accident or aircraft incident. |
| (3) | Subsection (2) does not prevent— |
| (a) | a department from commencing an investigation into or continuing to investigate an aircraft accident or aircraft incident for any purpose other than that of making findings as to its causes and contributing factors, or from investigating any matter that is related to the aircraft accident or aircraft incident and that is not being investigated by the Aviation Safety Investigation Board; or |
| (b) | the South African Police Service from investigating the aircraft accident or aircraft incident for any purpose for which it is empowered to conduct investigations. |
| (4) | The Aviation Safety Investigation Board may investigate an aircraft accident and aircraft incident that involves— |
| (a) | a military conveyance and an aircraft, none of which is a military conveyance; |
| (b) | a military conveyance and a civil aviation facility; or |
| (c) | a military aviation facility and an aircraft, none of which is a military conveyance. |
| (5) | Where the Aviation Safety Investigation Board does not investigate an aircraft accident or aircraft incident, no department is prevented from investigating any aspect of the aircraft accident or aircraft incident that it is empowered to investigate. |
| (6) | The Aviation Safety Investigation Board must not inquire into any aircraft accident or aircraft incident in respect of which a prosecution, an inquest or an inquiry by a commission has been established by the Minister which was instituted or completed before the commencement of this Act. |