Merchant Shipping Act, 1951 (Act No. 57 of 1951)Chapter IV : Engagement, Discharge, Repatriation, Payment, Discipline and General Treatment of Seafarers and Cadets111. Employment of young persons |
[Section 111 heading substituted by section 9(a) of Act No. 12 of 2015
| (1) | Subject to the provisions of this section the owner or master of a South African ship shall not permit a young person to work at night: |
[Words preceding section 111(1)(b) substituted by section 9 of Act No. 12 of 2015]
| (a) | this subsection shall not apply— |
| (i) | to the employment of a young person on such work as aforesaid in a school-ship or training-ship, if the work is of a kind approved by the Authority and is carried on subject to supervision by officers approved or appointed by it; |
| (ii) | if the effective training of the young person concerned would be impaired; or |
| (iii) | if the specific nature of the training requires that the young person must perform duties at night. |
[Section 111(1)(a) substituted by section 9(c) of Act No. 12 of 2015]
| (b) | [Section 111(1)(b) deleted by section 9(d) of Act No. 12 of 2015] |
| (2) | There shall be included in every agreement with the crew of a South African ship a list of the young persons who are members of the crew. |
[Section 111(2) substituted by section 9 of Act No. 12 of 2015]
| (3) | There shall be included in every agreement with the crew of a South African ship a short summary of the provisions of this section. |
| (4) | [Section 111(4) deleted by section 9(f) of Act No. 12 of 2015] |
| (5) | [Section 111(5) deleted by section 9(f) of Act No. 12 of 2015] |
| (6) | The guardian of a young person shall not knowingly cause or permit him to be employed in contravention of the terms of this section. |
| (7) | The master of a South African ship shall on demand by a proper officer produce to that officer for the purpose of inspection the register mentioned in subsection (2) and every certificate delivered to the said master in terms of this section. |
(8) In this section—
"night"
means a period of at least nine hours, starting no later than midnight ship’s time and ending not earlier than 05:00 ship’s time.
[Definition inserted by section 9(g) of Act No. 12 of 2015]
"young person"
means a person who is under the age of eighteen years;
"ship"
means any sea-going ship or boat of any description, and includes a fishing boat, but does not include any tug, dredger, sludge vessel, barge, or other craft whose navigation does not extend beyond the seaward limits of the jurisdiction of the harbour authority of the port at which such vessel is regularly employed.