Merchant Shipping Act, 1951 (Act No. 57 of 1951)Chapter VI : Special Shipping Enquiries and Courts of Enquiry and Courts of Survey268. How decisions of court of marine enquiry are reached and announced |
| (1) | Any matter of law arising for decision at any investigation held by a court of marine enquiry, and any question arising thereat as to whether a matter for decision is a matter of fact or a matter of law, shall be decided by the presiding officer, and no other member shall have a voice in any such decision. |
| (2) | The presiding officer may djourn the argument upon any such matter or question as is mentioned in subsection (1), and may sit alone for the hearing of such argument and the decision of such matter or question. |
| (3) | Whenever the presiding officer gives a decision in terms of subsection (1), he shall give his reasons for that decision. |
| (4) | Upon all matters of fact the decision of the majority of the members of the court shall be the decision of the court. |
| (5) | The decision of the court upon any matter in terms of subsection (4) shall be declared by one of the members concurring in that decision, and the reasons therefor shall be stated by at least one such member. Any member who dissents from the decision of the court may declare his dissent and his reasons therefor. |
| (6) | If for any reason a majority of the members of the court (of, if the court consists of only two members, both members) are not agreed upon any matter of fact upon which a decision is necessary in order that the investigation may be completed, the presiding officer shall report that fact to the Authority, and thereupon the Minister may refer the matter back to the court for reconsideration or may discharge the members of the court and, if he thinks fit, appoint another court of marine enquiry to hold the formal investigation. |