Merchant Shipping Act, 1951 (Act No. 57 of 1951)Chapter IV : Engagement, Discharge, Repatriation, Payment, Discipline and General Treatment of Seafarers and Cadets180. Deserter's from foreign ships |
| (1) | If the Minister is satisfied that due facilities are or will be given by the Government of any foreign country for apprehending seafarers who desert or are absent without leave from South African ships in that country, he may by notice in the Gazette declare that the provisions of subsection (2) shall apply to seafarers belonging to ships of that country. |
[Section 180(1) substituted by section 29(g) of Act No. 12 of 2015]
(2)
| (a) | If the provisions of this subsection have in terms of subsection (1) been applied to seafarers belonging to ships of any foreign country, any magistrate may, on application by the master of a ship of that country, if he is satisfied from information taken on oath that reasonable grounds exist for suspecting that any seafarer has deserted or is absent without leave from that ship, issue a warrant for the apprehension of that seafarer and for bringing him before a judicial officer, and such warrant shall be executed in the same manner as a warrant issued under section 43 of the Criminal Procedure Act 51 of 1977. |
[Section 180(2)(a) substituted by section 29(g) of Act No. 12 of 2015]
| (b) | A judicial officer before whom the seafarer is brought in terms of paragraph (a) may, on proof that he has deserted or is absent without leave from that ship, order that he be conveyed on board that ship or delivered to the master or a ship's officer or the owner of that ship, to be so conveyed, and any such order shall be duly executed. |
[Section 180(2) substituted by section 29(d) of Act No. 12 of 2015]
| (3) | No person shall knowingly harbour or secrete any person liable to be apprehended under the provisions of this section. |