REPORTING AND REOPENING OF INVESTIGATION
12.05.1 (1) The investigator-in-charge shall, upon completion of an investigation of an accident or incident carried out in terms of subpart 3, report the findings of such investigation to the Commissioner.
(2) The reporting on an investigation referred to in sub-regulation (1) shall consist of –
a preliminary report, if necessary in the interests of aviation safety; and
a final report which shall be compiled and published in the manner as prescribed in Document SA-CATS-ACCID and INCID.
Appeal against findings in investigation
12.05.2 (1) Any interested person who feels aggrieved by the findings on an investigation may appeal against such findings to the Commissioner, 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) The appellant shall submit a copy of the appeal and any documents or records supporting such appeal, to the investigator-in-charge concerned and shall furnish proof of such submission for the information of the Commissioner,
(4) The investigator-in-charge concerned may, within 30 days of receipt of the copy of the appeal referred to in sub-regulation (3), deliver his or her written reply to such appeal to the Commissioner.
(5) The Commissioner may –
adjudicate the appeal on the basis of the documents submitted to him or her; or
order the appellant and the investigator-in-charge concerned to appear before him or her, either in person or through a representative, at a time and place determined by him or her, to give evidence.
(6) The Commissioner may confirm, vary or set aside the findings referred to in sub-regulation (1).
Reopening of investigation
12.05.3 (1) The Commissioner may order the reopening of an investigation –
of which the findings are set aside in terms of regulation 12.05.2(6);
if new and significant information which indicates that the findings on the investigation may be incorrect, becomes available; or
if such a reopening is in the interests of aviation safety.
(2) Any investigation reopened in terms of this regulation shall be conducted in accordance with the provisions of this subpart 3.
12.05.4 Notwithstanding anything to the contrary contained in this subpart, the provisions of Regulations 12.05.2 and 12.05.3 shall only apply in cases where the Commissioner is satisfied that the Minister has not applied and does not intend applying the provisions of section 12 of the Act to a case in question.
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