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

Chapter 5 : Commission of Inquiry in terms of Constitution

70. Boards of inquiry into certain offences

 

(1) When an offence has been committed in terms of this Act or if any orders have been issued under section 143 to counter any action contemplated in that section, the Minister may appoint a board of inquiry, which consists of so many persons as the Minister may determine, to inquire into such offence or such action and to report to him or her thereon and make such recommendations as the board may think fit.

 

(2) The board shall determine its own procedure and, where it consists of more than one member, must have a chairperson designated by the Minister.

 

(3) The board has the power to summon and examine witnesses on oath or affirmation and to call for the production for examination by the board of any books, documents or other matter.

 

(4) The laws and rules governing procuring the attendance of witnesses, their examination, the production of books and documents, and for that purpose the chairperson of the board or, where the board consists of one person only, such person signs such documents as may be necessary for the purpose of the inquiry.

 

(5) Any process to be served for the purposes of the board must be served by the messenger of the court for the district in which the person upon whom service is to be made resides, or by a member of the South African Police Service.

 

(6) The chairperson of the board or, where the board consists of one person only, such person may direct that the public not to be present at the proceedings, or any part of the proceedings, of the board.

 

(7) If the chairperson of the board or, where the board consists of one person only, such person considers it in the public interest, he or she may direct that any finding or recommendation of the board, or any evidence as presented to the board, must not be made available to any court of law.