Merchant Shipping Act, 1951 (Act No. 57 of 1951)Chapter IV : Engagement, Discharge, Repatriation, Payment, Discipline and General Treatment of Seafarers and Cadets113. Discharge of seafarers |
| (1) | The master of a South African ship shall not discharge a seafarer who has signed the agreement with the crew from the ship, except before a proper officer, where the seafarer does not consent to his discharge, and in accordance with the provisions of this Act. |
[Section 113(1) substituted by section 29(i) of Act No. 12 of 2015]
| (2) | Upon the discharge of a seafarer the master shall issue to the seafarer a certificate of his discharge in the prescribed form. |
[Section 113(2) substituted by section 29(i) of Act No. 12 of 2015]
| (3) | Upon the discharge of a seafarer the master shall return to him any certificate of competency or qualification belonging to him which may have been in the custody of the master. |
[Section 113(3) substituted by section 29(i) of Act No. 12 of 2015]
| (4) | When a seafarer is discharged and the master declines to express an opinion on the conduct, character and ability of the seafarer, the discharge shall be made before a proper officer, to whom he shall furnish a report in the prescribed form stating that he so declines, and the proper officer shall, if the seafarer so desires, give to him or endorse on his certificate of discharge a copy of such report. The master shall enter in the official log-book his reasons for so declining, and shall, upon the request of the seafarer, read out to him, in the presence of the proper officer, the reason so entered. The proper officer shall, whenever practicable, give the seafarer a reasonable opportunity to make a statement upon such report. |
[Section 113(4) substituted by section 29(i) of Act No. 12 of 2015]
| (5) | The proper officer shall transmit the report, together with the seafarer's statement, if any, furnished to him in terms of subsection (4) to the proper officer at the port where the agreement with the crew was entered into. |
[Section 113(5) substituted by section 29(i) of Act No. 12 of 2015]
[Section 113 substituted by section 10 of Act No. 3 of 1982]