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

In this Chapter—

"Code"

means the South African Ports Cargo Handling Code of Practice published by the National Ports Authority of South Africa, a division of Transnet Limited, as may be amended from time to time;

[Definition substituted by regulaton 7 of Notice No. R. 545 dated 30 April 2004]

"employee"

means any person other than a crew member who is employed by or working for any employer and receives or is entitled to receive any remuneration or who works under the direction or supervision of an employer or any other person who in any manner assists in the carrying on or the conducting of the business of an employer in so far as this person is performing stevedoring, or shore contracting or any other work whatsoever in the course and scope of his employment on board a vessel;

"employer"

means any person other than an employer of the master or crew who employs any person and remunerates that person or expressly or tacitly undertakes to remunerate him, or who permits any person in any manner to assist him in performing stevedoring or shore contracting or any other work on board a vessel;

"incidental persons"

means any person other than the master and crew, and stevedores and shore contractors on board a vessel in the course and scope of their duty;

"shore contractor"

means a person temporarily employed on board a vessel to effect general or specific repairs, alterations, renovations, improvements, painting, maintenance of vessel or machinery, tank or hatch cleaning and related tasks;

"stevedore"

means a person employed in the loading or unloading of a vessel or activities related thereto.