Civil Aviation Act, 2009 (Act No. 13 of 2009)Chapter 4Part 2 : Appointment of Members and Staff of Aviation Safety Investigation Board, Procedure and Requirements in Appointing Members, Filling of Vacancies, Remuneration and Duties of Members and Conflict of Interest of Members25. Duties of members of Aviation Safety Investigation Board |
| (1) | The members of the Aviation Safety Investigation Board, at meetings convened in accordance with section 21, must— |
| (a) | make rules regarding the conduct of business at meetings of the Aviation Safety Investigation Board; |
| (b ) | establish policies with regard to the classes of aircraft accidents and aircraft incidents to be investigated; |
| (c) | establish, either generally or in relation to specific classes of aircraft accidents and aircraft incidents, policies to be followed in the conduct of investigations: |
| (d) | review reports submitted to them by the Director of Investigations mentioned in section 26(1) and, after such review, may require the Director of Investigations to conduct further investigation with respect to any aspect of an aircraft accident or aircraft incident; |
| (e) | determine the Aviation Safety Investigation Board's findings as to the causes and contributing factors of aircraft accidents or aircraft incidents; |
| (f) | identify any safety deficiencies as evidenced by aircraft accidents or aircraft incidents; and |
| (g) | make such recommendations as they consider appropriate. |
| (2) | The Aviation Safety Investigation Board must make available to the public any policies established pursuant to subsection (1)(b) or (c). |
| (3) | The Aviation Safety Investigation Board must within the time required by the Public Finance Management Act submit to the Minister an annual report pertaining to the financial state of affairs of the Aviation Safety Investigation Board as at the end of the immediately preceding financial year, consisting of— |
| (a) | a balance sheet, an income statement and a cash-flow statement which is a true and correct reflection of the state of affairs of the Aviation Safety Investigation Board as at the end of that financial year; |
| (b) | a report by the Aviation Safety Investigation Board in accordance with subsection (4); |
| (c) | a report by the auditor of the Aviation Safety Investigation Board in accordance with subsection (5); and |
| (d) | any other statement or report which the Minister or the Minister of Finance may require. |
| (4) | The report of the Aviation Safety Investigation Board referred to in subsection (3)(b) must deal with the state of affairs, the activities and operations and the financial position of the Aviation Safety Investigation Board, and must— |
| (a) | state the extent to which the Aviation Safety Investigation Board has achieved or advanced its objectives during the financial year concerned and specifically the detailed objectives of the business and financial plan; |
| (b) | contain relevant performance information regarding the economic, efficient and effective application of resources and specifically a comparison between planned and actual performance indicators as set out in the business and financial plan; and |
| (c) | indicate the amount of money, if any, received from the State and any other commitment furnished by the State. |
| (5) | The auditor's report referred to in subsection (3)(c) must state separately in respect of each of the following matters whether in the auditor's opinion— |
| (a) | the balance sheet, income statement and cash-flow statement, as well as any other furnished information, fairly represent the financial position and results obtained by the Aviation Safety Investigation Board in accordance with generally accepted accounting practice, as applied on a basis consistent with that of the preceding year; |
| (b) | the information furnished in terms of paragraph (a) is fair in all material respects and, if applicable, on a basis consistent with that of the preceding year; |
| (c) | the transactions of the Aviation Safety Investigation Board that had come to the auditor's notice in the course of his or her examination were made in accordance with this Act, the Public Finance Management Act and any applicable directives or regulations made thereunder; |
| (d) | the transactions that had come to his or her attention during auditing were in all material respects in accordance with the objects and functions of the Aviation Safety Investigation Board; |
| (e) | there are adequate measures and procedures for the proper application of sound economic, efficient and effective management; and |
| (f) | attention should be drawn to any other matter falling within the scope of the auditor's examination which, in his or her opinion, should in the public interest be brought to the notice of the Minister and Parliament. |
| (6) | The Minister must cause copies of the annual report submitted to him or her in terms of subsection (3) to be tabled for inspection in Parliament within 14 days of receipt of that report, or, if Parliament is not then in session, within 14 days after commencement of its next ensuing session. |
| (7) | A copy of the annual report submitted to the Minister in terms of subsection (3) must be open to inspection by the public at the head office of the Aviation Safety Investigation Board during business hours. |