Merchant Shipping Act, 1951 (Act No. 57 of 1951)Chapter IV : Engagement, Discharge, Repatriation, Payment, Discipline and General Treatment of Seafarers and Cadets119. Wages and other property of seafarer left behind |
[Section 119 heading substituted by section 29(d) of Act No. 12 of 2015]
| (1) | If a seafarer belonging to a South African ship is left behind, the master of the ship shall enter in the official log-book a statement of the amount due to the seafarer in respect of wages at the time when he was left behind and of all property left on board by him, and shall take such property into his charge. |
[Section 119(1) substituted by section 29(d) of Act No. 12 of 2015]
| (2) | Within forty-eight hours after the arrival of the ship at the port at which the voyage terminates, the master shall deliver to the proper officer— |
| (a) | a statement of the amount due to the seafarer in respect of wages, and of all property left on board by him; and |
[Section 119(2)(a) substituted by section 29(d) of Act No. 12 of 2015]
| (b) | a statement, with full particulars, of any expenses that may have been caused to the master or owner of the ship by the absence of the seafarer, where the absence is due to a contravention by the seafarer of section one hundred and seventy-five or one hundred and seventy-six, |
[Section 119(2)(b) substituted by section 29(d) of Act No. 12 of 2015]
and if required by the proper officer to do so, shall furnish such vouchers as are reasonably required to verify the statements.
| (3) | The master shall at the time when he delivers the statements referred to in subsection (2) to the proper officer also deliver to him the amount due to the seafarer in respect of wages and the property that was left on board by him, and the proper officer shall give to the master a receipt therefor in the prescribed form. |
[Section 119(3) substituted by section 29(d) of Act No. 12 of 2015]
| (4) | The master shall be entitled to be reimbursed out of the wages or property referred to in paragraph (a) of subsection (2) such expenses shown in the statement referred to in paragraph (b) of that subsection as appear to the proper office to be properly chargeable. |
| (5) | If the master or owner of the ship is not satisfied with any decision of the proper officer under subsection (4), he or she may appeal therefrom to the Authority. |
[Section 119(5) substituted by section 5(a) of Act No. 88 of 1996]
| (6) | The seafarer concerned may within 30 days of his or her first becoming aware of any such decision of the proper officer under subsection (4) appeal therefrom to the Authority. The Authority may on such appeal direct that any money paid to the master in accordance with the decision of the proper officer shall be paid over by the master or the owner of the ship to the seafarer, who may recover the amount as wages. |
[Section 119(6) substituted by section 29(d) of Act No. 12 of 2015]