Merchant Shipping Act, 1951 (Act No. 57 of 1951)RegulationsMerchant Shipping (Training, Certification and Safe Manning) Regulations, 2021Part 5 : Medical and Eyesight Examination for Seafarers89. Appeals against medical and eyesight fitness decisions |
| (1) | An applicant declared unfit for service at sea in terms of regulation 88 or his or her employer, may apply to the Authority to have the decision reviewed. |
| (2) | Upon receiving an application in terms of subregulation (1), the Authority shall appoint a medical appeal panel consisting of at least four members. |
| (3) | The medical appeal panel appointed in terms of subregulation (2) must consist of— |
| (a) | three medical practitioners, appointed in terms of regulation 87, one of whom must be appointed as chairperson; |
| (b) | the Chief Examiner, or any other person appointed by him, to provide secretariat functions to the panel; and |
| (c) | any other persons deemed suitable by the panel to ensure that the panel reaches a fair and just decision. |
| (4) | The Authority shall ensure that the panel is assembled and sits within three working days of receiving the application. |
| (5) | A decision of the majority of the members of the medical appeal panel shall be the decision of the panel. |
| (6) | If the panel overturns the decision of the medical practitioner, the chairperson of the panel must issue the candidate with a medical fitness certificate. |
| (7) | The cost of the application shall be borne by the parties as follows: |
| (a) | If the application is turned down the costs shall be borne by the applicant; |
| (b) | if the application is successful the applicant and the medical practitioner shall share the costs. |