Civil Aviation Act, 2009 (Act No. 13 of 2009)RegulationsCivil Aviation Regulations, 2011Part 12 : Aviation Accidents and IncidentsSubpart 5 : Preliminary Report, Final Report and Reopening of Investigation12.05.2 Appeal against findings in investigation |
| (1) | Any interested person who feels aggrieved by the findings on an investigation may appeal against such findings to the Minister, within 60 days after the publication of such findings. |
| (2) | An appellant shall deliver an appeal in writing, stating the reasons why in his or her opinion, the findings should be varied or set aside. |
| (3) | An appellant shall submit a copy of appeal and any document or record supporting such appeal, to the Executive responsible for Aircraft Accident and Incident investigation and shall furnish proof of such submission to the Minister. |
| (4) | The Executive responsible for Aircraft Accident and Incident investigation shall within 60 days of receipt of a copy of appeal referred to in subregulation (3), deliver his or her written reply to such appeal to the Minister and an appellant. |
| (5) | The Minister must— |
| (a) | adjudicate the appeal on the basis of the documents submitted to him or her; or |
| (b) | order an appellant and the Executive responsible for Aircraft Accident and Incident investigation to appear before him or her, either in person or through a representative, at a time and place determined by the Minister to give evidence. |
| (6) | The Minister may confirm, vary or set aside the findings referred to in subregulation (1). |
| (7) | The Minister may keep in abeyance an appeal lodged in terms of this Regulation if the President has applied or intends to apply the provisions of section 69 of the Act. |
[Regulation 12.05.2 substituted by regulation 4(j) of Notice No. R. 3169, GG 48228, dated 17 March 2023 (Twenty-Fifth Amendment of the Civil Aviation Regulations, 2023)]