Merchant Shipping Act, 1951 (Act No. 57 of 1951)Chapter III : Certificates of Competency, Service and Qualification73. What certificated officers and other persons to be employed on certain ships |
| (1) | Subject to the provisions of this section, the owner and the master of every South African ship operating at a port in the Republic or going to sea from any port whatsoever shall ensure that there is employed on board that ship, in their appropriate capacities, the number of officers and other persons, duly certificated as prescribed by regulation, or deemed to be so certificated. |
[Section 73(1) substituted by section 5(a) of Act No. 57 of 1998]
| (2) | The Minister may by notice in the Gazette require that more or more highly certificated officers or other persons than are prescribed by subsection (1) shall be employed on board any class of ships of any tonnage or power specified in that notice; and after the publication of any such notice the owner of any ship to which it applies shall ensure that there are employed on board that ship the number of officers or other persons prescribed by that notice, duly certificated or deemed to be certificated under this Act. |
[Section 73(2) substituted by section 4 of Act No. 5 of 1976]
| (3) | Whenever the Authority is satisfied from a report by a surveyor that it would be unreasonable to require the owner of a ship built before the coming into operation of this section to provide the accommodation on board that ship necessary to accommodate the numbers of officers or other persons required to be employed in terms of subsection (1), or in terms of a notice issued under subsection (2), it may vary the requirements of subsection (1) or of that notice in respect of that ship as it deems fit. |
[Section 73(3) substituted by section 2(2) of Act No. 5 of 1998]
(4)
| (a) | Subject to paragraph (b), the owner and the master of every ship other than a South African ship operating at a port in the Republic or going to sea from any such port shall ensure that there is employed on board that ship, in their appropriate capacities, a master and so many ship's officers and other persons holding certificates of such descriptions as prescribed by the law of the flag of the ship. |
| (b) | Notwithstanding paragraph (a), subsection (1) shall apply in relation to a ship referred to in that paragraph as if it were a South African ship, if— |
| (i) | the matters contemplated in that paragraph are not prescribed by the law of the flag of the ship; or |
| (ii) | having regard to— |
| (aa) | the complement normally carried by similar ships on similar voyages; |
| (bb) | the complement which the ship in question has recently carried on previous voyages; and |
| (cc) | the nature and place of the service for which the ship is intended, |
the proper officer has reason to believe that the ship is not sufficiently and efficiently manned.
[Section 73(4) substituted by section 5(b) of Act No. 57 of 1998]
| (5) | No person who has been engaged for the purpose of subsection (1) or (2) as master, ship's officer or rating shall act as such unless he is duly certificated, or deemed to be so certificated, in terms of this Act. |
[Section 73(5) substituted by section 5(b) of Act No. 57 of 1998]
| (6) | No person shall for the purpose of subsection (1) or (2) employ a master, ship's officer or rating as such without first ascertaining that he is duly certificated, or deemed to be so certificated, in terms of this Act. |
[Section 73(6) substituted by section 5(b) of Act No. 57 of 1998]
| (7) | [Section 73(7) deleted by section 15(b) of Act No. 30 of 1959] |
| (8) | [Section 73(8) deleted by section 5(c) of Act No. 57 of 1998] |