Civil Aviation Act, 2009 (Act No. 13 of 2009)Chapter 4Part 5 : Access, Use and Privilege of "On-Board Recording" and "Communication Record", Power of Court or Inquest, Access and Use of Statements Used in Investigation, Rules for Protection of Identity and Certain Information Privileged52. Power of court or inquest |
Notwithstanding any item in this section, where, in any proceedings before a court or a judicial inquest in terms of the Inquests Act or a person or persons appointed or designated to conduct a public inquiry into an aircraft accident or aircraft incident pursuant to this Act, a request for the production and discovery of an on-board recording is made, the court or a judicial inquest in terms of the Inquests Act, or a person or persons appointed or designated to conduct a public inquiry into an aircraft accident or aircraft incident pursuant to this Act, must—
| (a) | cause notice of the request to be given to the Aviation Safety Investigation Board, if the Aviation Safety Investigation Board is not a party to the proceedings; |
| (b) | in camera, examine the on-board recording and give the Aviation Safety Investigation Board a reasonable opportunity to make representations with regard thereto; and |
| (c) | if the court or a judicial inquest in terms of the Inquests Act concludes in the circumstances of the case that the public interest in the proper administration of justice outweighs the privilege attached to the on-board recording by virtue of this section, order the production and discovery of the on-board recording, subject to such restrictions or conditions as the court or a judicial inquest in terms of the Inquests Act considers appropriate, and may require any person to give evidence that relates to the on-board recording. |