Merchant Shipping Act, 1951 (Act No. 57 of 1951)Chapter IX : Offences, Penal Provisions and Legal Procedure353. Acts done by courts and functionaries of other treaty countries in relation to South African ships |
| (1) | Every provision of this Act which purports to require any court or functionary of any treaty country (other than the Republic) or any person other than a South African citizen to exercise any authority or perform any act outside the Republic in relation to South African ships, their owners, masters or seafarers shall be construed as being permissive only and to mean that any such court or functionary or person is thereby empowered so to exercise such authority or perform such act. |
[Section 353(1) substituted by section 25 of Act No. 12 of 2015]
| (2) | If any court or functionary of any treaty country (other than the Republic) exercises any authority or performs any act in relation to any ship registered or entitled to be registered in the Republic, her owner, master or seafarers, which by any statutory enactment in force in that treaty country such court or functionary is empowered to exercise or perform, all things done outside the Republic by such court or functionary in accordance with the said enactment shall have the same effect as if they had been done in accordance with an Act of the Parliament of the Republic, provided the Minister has generally or in the particular case requested that the courts or functionaries of that treaty country shall exercise such authority or perform such act or has in manner prescribed by regulation recognized the exercise of the authority or the performance of the act or adopted any decision made in the exercise of the authority. |
[Section 353(2) substituted by section 29(b) of Act No. 12 of 2015]
[Section 353 substituted by section 59 of Act No. 69 of 1962]