Merchant Shipping Act, 1951 (Act No. 57 of 1951)Chapter IV : Engagement, Discharge, Repatriation, Payment, Discipline and General Treatment of Seafarers and Cadets178. Unseaworthiness of ship a good defence to charge of desertion, etc |
| (1) | For the purpose of the proviso to subsection (2) of section one hundred and seventeen and sections one hundred and seventy-five and one hundred and seventy-six the fact that the ship on which a seafarer is engaged or to which he belongs is unseaworthy shall be deemed to be reasonable cause: Provided the seafarer has, before absenting himself or being absent from, or failing or refusing to join, or to proceed to sea in, his ship, as the case may be, complained to the master or proper officer that the ship is unseaworthy. |
| (2) | The provisions of section two hundred and forty-three shall apply in respect of any complaint to the proper officer referred to in subsection (1). |
| (3) | Whenever in any proceedings against any seafarer on a charge of desertion or absence without leave the defence referred to in subsection (1) is raised, the court may, if it think fit, order the ship to be inspected by a surveyor. |
| (4) | If it is not proved that the ship was an unseaworthy ship, the expenses incurred in connection with any such inspection shall be paid to the Authority by the seafarer by whom the said defence has been raised, and upon demand by the Authority the unpaid amount of such expenses shall be deducted by the master or owner of the ship out of the wages due or to become due to the said seafarer and paid over to the Authority. |
| (5) | If it is proved that the ship was an unseaworthy ship, the expenses incurred in connection with the inspection shall be paid to the Authority by the master or owner of the ship, who shall also pay to the seafarer charged such compensation for the damage suffered by him by reason of the charge having been made against him as the court may award. |
[Section 178 substituted by section 29(d) of Act No. 12 of 2015]