Merchant Shipping Act, 1951 (Act No. 57 of 1951)Chapter IV : Engagement, Discharge, Repatriation, Payment, Discipline and General Treatment of Seafarers and Cadets162. Complaints as to provisions or water or accommodation |
| (1) | If a seafarer of a South African ship considers— |
| (a) | that the provisions or water for the use of the seafarer are at any time of bad quality or deficient in quantity; or |
| (b) | that the crew accommodation is unsanitary or is not in accordance with the regulations; or |
| (c) | that in any other respect the conditions under which the seafarer is living on board ship are not of a reasonably good standard, |
he or she may complain thereof to the proper officer, who shall investigate the complaint or cause it to be investigated.
[Section 162(1) substituted by section 19(a) of Act No. 12 of 2015]
| (2) | If the proper officer or person making the investigation finds— |
| (a) | that the provisions or water are of bad quality, or deficient in quantity; or |
| (b) | that the new accommodation is unsanitary or is not in accordance with the regulations; or |
| (c) | that the living conditions are not of a reasonably good standard, |
as the case may be, he or she shall communicate that finding in writing to the master.
[Section 162(2) substituted by section 19(b) of Act No. 12 of 2015]
| (3) | Upon the finding being communicated to him or her, the master shall forthwith— |
[Words preceding section 162(3)(a) substituted by section 19(c) of Act No. 12 of 2015]
| (a) | if the finding is in terms of paragraph (a) of subsection (2), provide other provisions or water of good quality or sufficient in quantity, as the case may be, and shall not permit any provisions or water so found to be of bad quality to be used on board the ship; or |
| (b) | if the finding is in terms of paragraph (b) of subsection (2), take steps to the satisfaction of the proper officer to provide crew accommodation that is sanitary and in accordance with the regulations; or |
| (c) | if the finding is in terms of paragraph (c) of subsection (2), take steps to the satisfaction of the proper officer to ensure that the living conditions of the seafarer are of a reasonably good standard; |
[Section 162(3)(c) substituted by section 19(d) of Act No. 12 of 2015]
and the ship shall be detained until this has been done.
| (4) | The officer making or causing the investigation shall enter a statement of the result of the examination in the official log-book, and send a report thereof to the Authority, and that report shall be admissible in evidence. |
| (5) | If the said officer certifies in that statement that there was no reasonable ground for the complaint, the complainant shall, if so directed by the officer in the certificate, forfeit to the owner out of his or her wages a sum to be determined by the proper officer, but not exceeding one week's wages. |
[Section 162(5) substituted by section 19(e) of Act No. 12 of 2015]