Merchant Shipping Act, 1951 (Act No. 57 of 1951)RegulationsMerchant Shipping (Safe Manning, Training and Certification) Regulations, 2013Part 5 : Manning Requirements98. Recognition of foreign certificates |
| (1) | The holder of a certificate as master or ship's officer, being a certificate issued in terms of the STCW Convention by or on behalf of another party to the Convention, 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) shall be accompanied by: |
| (a) | a letter of motivation requesting recognition; |
| (b) | a statement by the applicant, confirmed by or on behalf of another party to the STCW Convention, that his or her level of proficiency in English meets the relevant requirements of these regulations; |
| (c) | a medical certificate issued by an approved medical practitioner or recognized by that party declaring that the medical fitness of the applicant complies with the medical standards set out in the Maritime Medical Standards Code; |
| (d) | a certified copy of the applicant's original certificate; |
| (e) | two passport-size colour photographs of the applicant; and |
| (f) | documentary evidence that he or she has attained the level of knowledge of the Republic's maritime legislation as specified in the Code if the applicant is applying for recognition as master, chief mate, chief engineer officer or second engineer officer. The assessment for documentary evidence may be written through the Authority or an accredited institution. |
| (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— |
| (a) | 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: |
| (i) | 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 |
| (ii) | 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; |
| (b) | not recognise certificates issued by or under the authority of a non- Party to the STCW Convention. |
| (c) | not use 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 shows, through any inability, that he or she does not 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 under subregulation (6), it shall inform the government under whose authority the certificate was originally issued of the cancellation. |