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

Chapter 4

Part 3 : Functions and Powers of Aviation Safety Investigation Board, Powers of Director of Investigations and Investigators, Notification of Aircraft Accidents and Aircraft Incidents by Departments and Attendance and Observers at Investigations

34. Search and seizure by appointed investigators
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(1)In the execution of the authority contemplated in section 33 an investigator may search and seize any property or item , including medical records, recorders and air traffic service recordings of an aircraft accident or aircraft incident without a warrant.

 

(2)An investigator in respect of this Act is considered to have been appointed as a peace officer by the Minister for Justice and Constitutional Development in terms of section 334 of the Criminal Procedure Act for the Republic, and for the purpose of exercising the powers contemplated in sections 40, 41, 44, 45, 46, 47, 48, 49 and 56 of the Criminal Procedure Act.

 

(3)In the execution of the authority contemplated in section 33 an investigator may without a warrant search and seize any property or item, including medical records, recorders and air traffic service recordings of an aircraft accident or aircraft incident—
(a)if the person concerned consents to the search for and the seizure of the property or item, including medical records, recorders and air traffic service recordings of an aircraft accident in question, or if the person who may consent to the search of the premises consents to such search and the seizure of the property or item, including medical records, recorders and air traffic service recordings of an aircraft accident articles in question; or
(b)if he on reasonable grounds believes—
(i)that a search warrant will be issued to him if he applies for such warrant; and
(ii)that the delay in obtaining such warrant would defeat the object of the search without a warrant.

 

(4)An investigator may use the powers in terms of this section only to serve the purposes of this Act and matters incidental thereto, and must take the necessary steps to secure the safekeeping of the property or items seized.