Merchant Shipping Act, 1951 (Act No. 57 of 1951)Chapter IV : Engagement, Discharge, Repatriation, Payment, Discipline and General Treatment of Seafarers and Cadets176. Absence without leave |
| (1) | Subject to the provisions of subsection (4) of section three hundred and fifty-five, no seafarer engaged on or belonging to a treaty ship shall without reasonable cause— |
[Section 176(1) substituted by section 29(d) of Act No. 12 of 2015]
| (a) | at a port in the Republic, in the case of a treaty ship other than a South African ship; or |
[Section 176(1)(a) substituted by section 28 of Act No. 40 of 1963]
| (b) | at any place whatsoever, in the case of a South African ship, |
fail or refuse to join his ship or to proceed to sea therein, or be absent without leave from his ship or from his duty, either at the commencement or during the progress of a voyage.
[Section 176(1) substituted by section 46 of Act No. 69 of 1962]
| (2) | Any person who contravenes the provisions of subsection (1) shall, if his conduct does not amount to desertion, as defined in section one hundred and seventy-five be guilty of absence without leave. |
| (3) | No person shall knowingly harbour or secrete a seafarer who has contravened or is contravening the provisions of subsection (1). |
[Section 176(3) substituted by section 29(d) of Act No. 12 of 2015]