Merchant Shipping Act, 1951 (Act No. 57 of 1951)

Chapter VI : Special Shipping Enquiries and Courts of Enquiry and Courts of Survey

273. Powers of maritime courts

Purchase cart Previous page Return to chapter overview Next page

 

(1)A maritime court may, after hearing and investigating the case, and subject to the provisions of section two hundred and eighty-three
(a)if unanimous that the safety of a South African ship or her cargo or crew or the interest of the owner of a South African ship or of the cargo thereof requires it, remove the master and appoint another qualified person to act in his stead;
(b)if unanimous that any master or ship's officer of a South African ship is incompetent or has been guilty of any act of misconduct, or that loss, abandonment or stranding of or serious damage to any ship or loss of life or serious injury to any person has been caused by the wrongful act or default of any master or ship's officer of a South African ship, suspend the certificate of competency or service of that master or ship's officer for a stated period, or, whether or not the master or ship's officer holds a certificate of competency or service, prohibit his employment in any stated capacity in a ship for a stated period or reprimand him.

[Section 273(1)(b) substituted by section 5 of Act No. 24 of 1974]

(c)discharge a seafarer from a South African ship and order the wages of any seafarer so discharged or any part of those wages to be forfeited;

[Section 273(1)(c) substituted by section 29(i) of Act No. 12 of 2015]

(d) decide any questions as to wages or fines or forfeitures arising between any of the parties to the proceedings;
(e) direct that any or all of the costs incurred by the master or owner of a South African ship in procuring the imprisonment of any seafarer in a port outside the Republic, or in his maintenance while so imprisoned, shall be paid out of and deducted from the wages of that seafarer, whether then or subsequently earned;

[Section 273(1)(e) substituted by section 29(d) of Act No. 12 of 2015]

(f)exercise the same powers with regard to persons charged before it with the commission of offences at sea or abroad as consular representatives can in terms of section three hundred and forty-one;
(g)punish any master or member of the crew of a South African ship respecting whose conduct a complaint is brought before it for any offence under this Act of which he has been found guilty by the court and shall for that purpose have the same powers as a magistrate's court would have if the case were tried in the Republic: Provided that where an offender is sentenced to imprisonment, the proper officer shall approve the place of imprisonment, whether on land or on board ship: Provided further, that the court may direct that any fine imposed upon an offender shall be paid out of and deducted from his wages and paid over to the proper officer, who shall transmit it to the Authority.
(h)if it considers such a step expedient, order a survey to be made of any South African ship which is the subject of investigation;
(i)[Section 273(1)(i) deleted by section 34 of Act No. 30 of 1959]

 

(2)All orders made by a maritime court shall, whenever practicable, be entered in the official log-book of the ship which forms the subject of investigation or on board which the casualty or occurrence or conduct investigated took place, and be signed by the presiding officer of the court.