Merchant Shipping Act, 1951 (Act No. 57 of 1951)Chapter IV : Engagement, Discharge, Repatriation, Payment, Discipline and General Treatment of Seafarers and Cadets116. Discharge of seafarer on change of ownership |
[Section 116 heading substituted by section 12 of Act No. 12 of 2015]
| (1) | If a South African ship is transferred or disposed of while she is at or on a voyage to any port outside the Republic every seafarer belonging to that ship shall be discharged at that port, unless he or she consents in writing in the presence of a proper officer to complete the voyage in the ship if continued. |
| (2) | If a seafarer is discharged from a South African ship in terms of subsection (1), the provisions of section 114 shall apply as if the service of the seafarer had terminated without his or her consent and before the expiration of the period for which the seafarer was engaged and the provisions of the said section shall, notwithstanding subsection (3) thereof, be applicable whatever may be his or her nationality and wherever may be situated the port where he or she was engaged. |
| (3) | Every seafarer discharged in terms of subsection (1) shall, if the voyage for which he or she was engaged is not continued, be entitled to the wages to which he or she would have been entitled if his or her service had been wrongfully terminated by the owner before the expiration of the period for which the seafarer was engaged. |
[Section 116 substituted by section 12 of Act No. 12 of 2015]