Merchant Shipping Act, 1951 (Act No. 57 of 1951)

Chapter IV : Engagement, Discharge, Repatriation, Payment, Discipline and General Treatment of Seafarers and Cadets

135. Restrictions on assignment of wages and salvage

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(1)The following provisions shall apply to wages due or to become due to a seafarer of a South African ship:

[Words preceding section 135(1)(a) substituted by section 29(d) of Act No. 12 of 2015]

(a)They shall not be liable to attachment or subjected to any form of execution under a judgment or order of any court;
(b)an assignment or hypothecation thereof shall not bind the person making the same;
(c)a power of attorney or authority for the receipt thereof shall not be irrevocable; and
(d)a payment of wages to a seafarer shall be valid in law, notwithstanding any previous assignment or hypothecation of those wages, or any attachment of or execution upon those wages.

[Section 135(1)(d) substituted by section 29(d) of Act No. 12 of 2015]

[Section 135(1) substituted by section 27 of Act No. 94 of 1996]

 

(2)Nothing in this section shall affect the provisions of this Act regarding allotment notes or those of section 326 of this Act or those of sections 99 and 100 of the Income Tax Act 58 of 1962.

[Section 135(2) substituted by section 6 of Act No. 18 of 1992]