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

Regulations

Distressed Seamen's Regulations, 1961

Annexures

Annexure A : Application to be Treated as a Distressed Seaman

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Annexure A

T.V. 5/242

REPUBLIC OF SOUTH AFRICA

DEPARTMENT OF TRANSPORT-MARINE DIVISI0N

 

APPLICATION TO BE TREATED AS A DISTRESSED SEAMAN

(Section 154 of Act 57/1951)

 

NOTE-The liability for repatriation expenses is clearly stated in sub-sections (4), (5) and (6) of section 154 of Act 57/1951, quoted on the reverse side of this form.

 

1.        Particulars relating to the distressed seaman.

 

Surname

(In block letters)

Christian Names

(In block letters)

Place of Birth

Nationality

Race

No. of Record Book (or details of other identification document)

 

 

 

 

 

 

 

 

 

 

Place where Record Book (or other identification document) was issued

Particulars of Certificates of Competency or Service

Home Address

Name and Address if Next-of-kin (state relation i.e. father, mother, etc)

Race

Name and Address of other Relative or Friend (if relative, state relation)

 

 

 

 

 

 

 

 

 

2.Particulars relating to ship from which distressed seaman has been *discharged/left behind or *shipwrecked in

 

Name of Ship

 

Official Number

Port of Registry

Name of Master of Ship

 

 

 

 

 

 

 

(*Delete words which are not applicable)

 

Details of service on this Ship of Seaman who is now in distress

Port where Seaman was Engaged, and Date

Nature of Voyage or Engagement

Port where Voyage or Engagement was to Terminate, and Date

Capacity in which Seaman was Employed

Wages

Name and Address of Owners of Ship

 

 

 

 

 

 

 

 

 

 

3.Particulars relating to previous ships on which seaman served

 

Name of Ships

 

Ports of Registry (or countries to which they belonged)

Duration of Service in

 

Capacity in which Seaman was Employed

From

To

(a)

(b)

(c)

(d)

(e)

 

(a)

(b)

(c)

(d)

(e)

(a)

(b)

(c)

(d)

(e)

(a)

(b)

(c)

(d)

(e)

(a)

(b)

(c)

(d)

(e)

 

 

4.        Declaration to be completed by applicant before a proper officer.

 

 

I, the undersigned                                                                                                 declare that I am in distressed circumstances and  hereby  apply for ______________________________________________________________________

(Insert here the nature of assistance required, i.e. maintenance, relief, and/or return to proper return port.)

 

I further declare that I am in distress through —

 

*(a)having been left behind at _____________________________________on the ________________________19________  on the grounds of desertion.

 

*(b)having been left behind at _____________________________________on the _____________________     19________  on the grounds of having been absent without leave.

 

*(c)having been left behind at _____________________________________on the ______________________   19________ as a result of imprisonment for misconduct.

 

*(d)having been discharged from my ship at  _______________________________ on the  __________________________19________  by mutual consent.

 

*(e)having been discharged from my ship at  ______________________________ on the ___________________________19________ by mutual consent.

 

*(f)having been discharged/left behind at ________________________________ on the __________________________19________ on account of illness/injury sustained through my own wilful act or default or misbehaviour.

 

*(g)having been discharged/left behind at _______________________________on the ___________________________19________ for the following reasons  ________________________________________________

____________________________________________________________________

 

I have since been employed at ______________________________________________ as

 

                                                                                                                                                                           

 

 

I declare that the particulars appearing in this form are true and correct to the best of my knowledge and belief.

 

 

_______________________________

Signature of Seaman

 

 

Declared before me at  ________________________ on this ________ day of _______________________ 19______________

 

 

                                                                     

Signature and Title of Proper Officer

 

 

•Delete words or lines which are not applicable. In regard to line (e) it shall be stated what arrangement was agreed to regarding any expenses which might be incurred as a result of the discharge.

 

Section 154 of Act 57/1951, reads as follows:—

 

"(4)All repatriation expenses, other than excepted expenses, incurred by or on behalf of the State in accordance with the provisions of this Act shall constitute a debt due to the State for which the owner of the ship to which the seaman in respect of whom they were incurred belonged at the time of his discharge or other event which resulted in his becoming a distressed seaman shall be liable. The owner shall not be entitled to recover from the seaman any amount paid by him to the State in settlement or part settlement of such debt.

 

(5)All excepted expenses incurred by or on behalf of the State in accordance with the provisions of this Act shall constitute a debt due to the State for which the seaman in respect of whom they were incurred and the owner of the ship to which that seaman belonged at the time of his discharge or other event which resulted in his becoming a distressed seaman shall be jointly and severally liable. The owner shall be entitled to recover from the seaman any amount paid by him to the State in settlement or part settlement of such debt, and may apply to the satisfaction of his claim so much as may be necessary of any wages due to the seaman.

 

(6)All excepted expenses incurred in accordance with the provisions of this Act in respect of any distressed seaman by the owner of the ship to which he belonged at the time of his discharge or other event which resulted in his becoming a distressed seaman shall constitute a debt due to the owner for which the seaman shall be liable. The owner may apply to the satisfaction of his claim so much as may be necessary of any wages due to the seaman. The owner shall not been titled to recover from the seaman any repatriation expenses other than excepted expenses."