Merchant Shipping Act, 1951 (Act No. 57 of 1951)Chapter VI : Special Shipping Enquiries and Courts of Enquiry and Courts of Survey267. Constitution of court of marine enquiry |
| (1) | A court of marine enquiry shall consist of a judge or ex-judge of the Supreme Court, magistrate, ex-magistrate, advocate or attorney, who shall be the presiding officer, and either two or four other members. |
[Section 267(1) substituted by section 9 of Act No. 3 of 1981]
| (2) | The members of the court shall be appointed by the Minister, and all members other than the presiding officer shall be persons of suitable nautical, engineering or other special skill, knowledge or experience, and, whenever possible, at least one member shall be in active sea-going service. |
| (3) | The members of the court other than the presiding officer shall be selected from a list of persons approved by the Minister from time to time in accordance with the regulations: Provided that the Minister mayappoint as a member of the court a person whose name does not appear on the said list, if it appears to him expedient to do so by reason of the special nature of the investigation. |
| (4) | If by death, resignation or any other cause the number of members of the court is reduced, the remaining members shall, if they consist of the presiding officer and at least one other member, constitute the court. |
| (5) | If the court, as originally constituted or as reduced for any reason referred to in subsection (4), consists of the presiding officer and two other members, the presiding officer and one other member shall form a quorum; and if it consists of the presiding officer and more than two other members, the presiding officer and two other members shall form a quorum. |