Merchant Shipping Act, 1951 (Act No. 57 of 1951)RegulationsMerchant Shipping (Training, Certification and Safe Manning) Regulations, 2021Part 6 : Manning Requirements99. Recognition of foreign certificates |
| (1) | The holder of a certificate as master, ship's officer, or radio operator being a certificate issued in terms of the STCW and the STCW-F Conventions by or on behalf of another party to the Conventions, may apply to the Authority, in accordance with subregulation (2), for the certificate to be recognised under these Regulations. |
| (2) | An application contemplated in subregulation (1) above shall be made in the form and manner set out in the Authority’s Quality Standards System. |
| (3) | The Authority may issue an endorsement recognising an applicant's certificate, which endorsement shall have effect as an authorisation under section 83(1) of the Act, if it is satisfied that— |
| (a) | the certificate is authentic and valid; |
| (b) | the level of competence and knowledge evidenced by the certificate is not inferior to that required for the equivalent certificate issued under the Act; |
| (c) | the applicant, if applying for an equivalency as master, chief mate, chief engineer officer or second engineer officer, has attained the level of knowledge of the Republic's maritime legislation required for the equivalent certificate issued under the Act; and |
| (d) | prompt notification will be given to the Authority of any significant change in the arrangements for training and certification provided in compliance with the STCW Convention. |
| (4) | Every endorsement issued under subregulation (3) shall be a separate document and shall state, with reference to these Regulations and the STCW Convention, the capacity in which the holder is entitled to serve. |
| (5) | For the purposes of this Regulation, the Authority shall not recognise by endorsement the certificate issued by or under the authority of another Party to the STCW Convention to a master, officer or radio operator unless the Authority— |
| (a) | has confirmed, through an evaluation of that Party, which may include inspection of facilities and procedures, that the requirements of the STCW Convention are fully complied with; and |
| (b) | has agreed an undertaking with the Party concerned that prompt notification will be given of any significant change in the arrangements for training and certification provided in compliance with the STCW Convention; |
| (c) | has not recognised certificates issued by or under the authority of a non-Party to the STCW Convention; |
| (d) | has not used as the basis for recognition by the Authority the certificates and endorsements issued under the administration of another Party to the STCW Convention. |
| (6) | The Authority may cancel an endorsement issued under subregulation (3) if— |
| (a) | the holder is unable to meet the level of competency or knowledge required for the equivalent certificate of competency, or that his or her level of proficiency in the English language does not meet the relevant requirements of the STCW Convention; |
| (b) | the holder's certificate expires or is cancelled or suspended by or on behalf of the government under whose authority the certificate was originally issued; |
| (c) | a court of marine enquiry or a disciplinary hearing recommends the cancellation of the endorsement; or |
| (d) | the holder is convicted of an offence in terms of the Act or any other law administered by the Authority. |
| (7) | Where the Authority cancels an endorsement in terms of subregulation (6), it shall inform the government under whose Authority the certificate was originally issued of the cancellation. |