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

Chapter 4

Part 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 Privileged

57. Power of court or inquest with regard to statements
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Notwithstanding any item in this section, where, in any proceedings before a court or an inquest 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 a statement is contested on the ground that it is privileged, the court or coroner must—

(a)in camera, examine the statement; and
(b)if the court or a judicial inquest concludes in the circumstances of the case that the public interest in the proper administration of justice outweighs the privilege attached to the statement by virtue of this section, order the production and discovery of the statement, subject to such restrictions or conditions as the court or coroner considers appropriate,

and may require any person to give evidence that relates to the statement.