Merchant Shipping Act, 1951

Act 57 of 1951

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Act 57 of 1951
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South Africa

Merchant Shipping Act, 1951

Act 57 of 1951

  • Published in Government Gazette 4684 on 24 August 1951
  • Assented to on 27 June 1951
  • There are multiple commencements
    • Provisions Status
    Section 1–3; Chapter I (section 4–9); Chapter II, section 10–67; Chapter III (section 73–89); Chapter IV (section 90–189); Chapter V (section 190–263); Chapter VI (section 264–292); Chapter VII (section 293–306); Chapter VIII (section 307–311); Chapter IX (section 312–353); Chapter X (section 354–358) commenced on 1 January 1960 by Proclamation 298 of 1959.
    Chapter II, section 68–72 commenced on 1 November 1961 by Proclamation R92 of 1961.
    Chapter III, section 79(1)(a)–(b) commenced on 31 May 1962.
    Chapter III, section 75(1)(k)bis, (1)(l)bis; Chapter IV, section 112(3)(a)–(b); Chapter V, Part II, section 204(1)(a)–(b); Chapter X, section 356bis commenced on 10 May 1963.
    Chapter V, Part I, section 193(1)(a)–(b) commenced on 13 March 1965.
    Chapter V, Part I, section 203(7); Chapter IX, section 343bis commenced on 28 May 1965.
  • [This is the version of this document as it was from 1 January 1967 to 6 May 1969.]
  • [Please note that the research on this work is ongoing. Amendment, commencement and repeal information may be missing.]
  1. [Amended by Merchant Shipping Amendment Act, 1959 (Act 30 of 1959) on 1 May 1959]
  2. [Amended by Commonwealth Relations Act, 1962 (Act 69 of 1962) on 1 January 1960]
  3. [Amended by Merchant Shipping Amendment Act, 1963 (Act 40 of 1963) on 1 January 1960]
  4. [Amended by Commonwealth Relations Act, 1962 (Act 69 of 1962) on 31 May 1962]
  5. [Amended by Merchant Shipping Amendment Act, 1963 (Act 40 of 1963) on 10 May 1963]
  6. [Amended by Merchant Shipping Amendment Act, 1965 (Act 13 of 1965) on 13 March 1965]
  7. [Amended by Merchant Shipping Amendment Act, 1965 (Act 13 of 1965) on 28 May 1965]
  8. [Amended by Unemployment Insurance Act, 1966 (Act 30 of 1966) on 1 January 1967]
[The Act was amended by the substitution for the expression "Director" of the expression "Secretary" by section 1 of Act 30 of 1959 and by substitution for the word “Union”, wherever it occurs, of the word “Republic” and for, the word “Governor-General”, wherever it occurs, of the words “State President” by section 62 of Act 40 of 1963](Afrikaans text signed by the State President.)ACTTo provide for the control of merchant shipping and matters incidental thereto.BE IT ENACTED by the King’s Most Excellent Majesty, the Senate and the House of Assembly of the Republic of South Africa, as follows:—

Preliminary

1. Repeal and amendment of laws

The laws mentioned in the First Schedule to this Act are hereby repealed or amended to the extent set out in the fourth column of that Schedule.Provided that until all the provisions of this Act have been brought into operation in terms of section three hundred and fifty-eight, any provision of any such law which corresponds to a provision of this Act which has not yet been so brought into operation shall, in so far as it is not inconsistent with any provision of this Act which has been so brought into operation, continue to apply in relation to the ships in respect of which the provisions of this Act which have been so brought into operation apply, and in relation to the owners, masters, seamen and apprentice-officers of such ships as if this section had not been enacted.[section 1 amended by section 2 of Act 30 of 1959]

2. Definitions and interpretation of certain references

(1)In this Act, unless the context indicates otherwise—“apprentice-officer” means an indentured apprentice to the sea service;“cadet” means an unindentured apprentice to the sea service;“cargo ship safety construction certificate” means a certificate issued under sub-paragraph (a) of paragraph (1) or sub-paragraph (a) of paragraph (2) of section one hundred and ninety-three, or deemed in accordance with the provisions of paragraph (b) of sub-section (1) of section two hundred and two to have been so issued;[definition of “cargo ship safety construction certificate” inserted by section 1(a) of Act 13 of 1965]“cargo ship safety equipment certificate” means a certificate issued under sub-paragraph (5) of para-graph (1) or sub-paragraph (b) of paragraph (2) of section one hundred and ninety-three, or deemed in accordance with the provisions of paragraph (b) of sub-section (1) of section two hundred and two to have been so issued;[definition of “cargo ship safety equipment certificate” inserted by section 1(a) of Act 13 of 1965]“cargo ship safety radiotelegraphy certificate” means a certificate issued under sub-paragraph (b) of paragraph (3) or item (ii) of sub-paragraph (b) of paragraph (4) of section one hundred and ninety-three, or deemed in accordance with the provisions of paragraph (b) of sub-section (1) of section two hundred and two to have been so issued;[definition of “cargo ship safety radiotelegraphy certificate” inserted by section 1(a) of Act 13 of 1965]“cargo ship safety radiotelephony certificate” means a certificate issued under sub-paragraph (b) of paragraph (3) or item (ii) of sub-paragraph (b) of paragraph (4) of section one hundred and ninety-three, or deemed in accordance with the provisions of paragraph (b) of sub-section (1) of section two hundred and two to have been so issued;[definition of “cargo ship safety radiotelephony certificate” inserted by section 1(a) of Act 13 of 1965]“carrier” includes the owner or the charterer who enters into a contract of carriage with a shipper;“clearance” includes any clearance or transpire referred to in the Customs Act, 1955 (Act No. 55 of 1955);[definition of "clearance" amended by section 3(a) of Act 30 of 1959]“coasting ship” means a ship employed in plying between ports in the same country, but does not include any fishing, sealing or whaling boat;[definition of “coasting ship” amended by section 3(b) of Act 30 of 1959]“collision regulations” means the regulations made under paragraph (b) of sub-section (2) of section three hundred and fifty-six, or such regulations as applied under sub-section (3) of that section;[definition of “collision regulations” amended by section 1(a) of Act 40 of 1963]"Commonwealth ship" [definition of "Commonwealth ship" deleted by section 31(a) of Act 69 of 1962]“conditions of assignment” means such of the load line regulations as are made to give effect to the relative provisions of the Load Line Convention and Annexes thereto, or such regulations as applied under sub-section (3) of section three hundred and fifty-six;[definition of “conditions of assignment” substituted by section 1(b) of Act 13 of 1965]“construction regulations” means the regulations made under paragraph (a) of sub-section (2) of section three hundred and fifty-six to give effect to the relative provisions of the safety Convention, or such regulations as applied under sub-section (3) of the said section;[definition of “construction regulations” amended by section 3(c) of Act 30 of 1959 and substituted by section 1(c) of Act 13 of 1965]“contract of carriage” applies only to contracts of carriage covered by a bill of lading or any similar document of title, in so far as such document relates to the carriage of goods by sea, including any bill of lading or any similar document as aforesaid issued under or pursuant to a charter party from the moment at which such bill of lading or similar document of title regulates the relations between a carrier and a holder of the same;“Country to which the Load Line Convention applies” means—(a)a country the Government of which has been declared by the State President, by proclamation in the Gazette, to have ratified or acceded to the Load Line Convention, and has not been so declared to have denounced that Convention; or(b)a country to which it has been so declared that the Load Line Convention has been applied under the provisions of the relative Article thereof, not being a country to which it has been so declared that that Convention has ceased to apply unde the provisions of that Article;[paragraph (b) substituted by section 1(d) of Act 13 of 1965]“Country to which the Safety Convention applies” means—(a)a country the Government of which has been declared by the State President, by proclamation in the Gazette, to have accepted the Safety Convention, and has not been so declared to have denounced that Convention; or(b)a territory to which it has been so declared that the Safety Convention has been extended under the provisions of the relative Article thereof, not being a territory to which it has been so declared that that Convention has ceased to extend under the provisions of that Article;[paragraph (b) substituted by section 1(e) of Act 13 of 1965]“crew accommodation” includes sleeping rooms, store rooms, galleys, mess rooms, sanitary accommodation, hospitals and recreation spaces provided for use by or for the benefit of seamen and apprentice officers;“dangerous goods” means goods which by reason of their nature, quantity or mode of stowage, are either singly or collectively liable to endanger the lives or the health of persons on or near the ship or to imperil the ship, and includes all substances within the meaning of the expression “explosives” as used in the Explosives Act, 1956: (Act No. 26 of 1956), and any other goods which the Minister by notice in the Gazette may specify as dangerous goods;[definition of “dangerous goods” amended by section 3(d) of Act 30 of 1959]“deck line” means a mark on each side of a ship indicating the position of the uppermost complete deck, as defined by the load line regulations;“Director” [definition of “Director” deleted by section 3(e) of Act 30 of 1959]“equipment” includes boats, tackle, pumps, apparel, furniture, life-saving appliances of every description, spars, masts, rigging and sails, fog signals, lights and signals of distress, medicines and medical and surgical stores and appliances, charts, radio apparatus, apparatus for preventing, detecting or extinguishing fires, buckets, compasses, axes, lanterns, loading and discharging gear and apparatus of all kinds, and all other stores or articles belonging to or to be used in connection with, or necessary for, the navigation and safety of a ship;“exemption certificate” means a certificate issued under paragraph (c) of section one hundred and ninety-two, sub-paragraph (a) or (b) of paragraph (2) or sub-paragraph (a) of paragraph (4) of section one hundred and ninety-three, or deemed in accordance with the provisions of paragraph (a) or (b) of sub-section (1) of section two hundred and two to have been so issued;[definition of “exemption certificate” inserted by section 1(f) of Act 13 of 1965]“fishing boat” means any ship engaged in sea fishing for financial gain or reward, but does not include any sealing boat or whaling boat;[definition of “fishing boat” amended by section 3(f) of Act 30 of 1959 and substituted by section 1(g) of Act 13 of 1965]“foreign country” means a country which is not a treaty country;[definition of “foreign country” amended by section 31(b) of Act 69 of 1962]“foreign-going ship” means—(a)a ship plying between a port in one country and a port in another country; or(b)[paragraph (b) deleted by section 3(g) of Act 30 of 1959](c)[paragraph (c) deleted by section 3(g) of Act 30 of 1959](d)a whaling boat other than a shore-based whaling boat;“foreign ship” means a ship other than a treaty ship;[definition of “foreign ship” amended by section 31(c) of Act 69 of 1962]“freight” includes passage money and hire;"general safety certificate" [definition of “general safety certificate” deleted by section 1(h) of Act 13 of 1965]“goods” includes all animals, matter or things, save that in Chapter VIII “goods” does not include animals or cargo which by a contract of carriage it is provided shall be carried on deck and is so carried;“International Collision Regulations” means the regulations set out in the Third Schedule to this Act;[definition of “International Collision Regulations” substituted by section 1(b) of Act 40 of 1963]“international load line certificate” means a certificate issued under paragraph 1 of section two hundred and seven, or deemed in accordance with the provisions of sub-section (1) of section two hundred and fifteen to have been so issued;[definition of “international load line certificate” inserted by section 1(i) of Act 13 of 1965]“international load line ship” means a load line ship of one hundred and fifty tons gross register or more, which carries cargo or passengers, and which is engaged on an international voyage;“international voyage”, when used with reference to ships registered in a country to which the Load Line Convention applies, means a voyage from a port in one country to a port in another country, either of those countries being a country to which the Load Line Convention applies, and when used with reference to ships registered in a country to which the Safety Convention applies, means a voyage from a port in one country to a port in another country either of those countries being a country to which the Safety Convention applies; and“short international voyage” means an international voyage in the course of which a ship is not more than two hundred nautical miles from a port in which the passengers and crew could be placed in safety, and which does not exceed six hundred nautical miles in length between the last port of call in the country in which the voyage begins and the final port of destination; and in the application of this definition—(a)no account shall be taken of any deviation by a ship from her intended voyage due solely to stress of weather or any other circumstance which neither the master nor the owner nor the charterer (if any) of the ship could have prevented or forestalled; and(b)every colony, overseas territory, protectorate, territory for whose international relations a State that has accepted the Safety Convention is responsible, territory for which the United Nations are the administering authority, and territory administered by a State in whose favour a mandate there over was issued by the Council of the former League of Nations, shall be deemed to be a separate country: Provided, however, that the Republic and the Territory of South-West Africa shall, in such application, be regarded as one country;“life-saving equipment regulations” means the regulations made under paragraph (a) of sub-section (2) of section three hundred and fifty-six to give effect to the relative provisions of the Safety Convention, or such regulations as applied under subsection (3) of the said section;[definition of “life-saving equipment regulations” amended by section 3(h) of Act 30 of 1959 and substituted by section 1(j) of Act 13 of 1965]“load lines” means the marks indicating the several maximum depths to which a ship is entitled to be loaded in various circumstances prescribed by the load line regulations;“Load line certificate” means an international load line certificate or a local load line certificate;[definition of “load line certificate” substituted by section 1(k) of Act 13 of 1965]“Load Line Convention” means the convention set out in the Fourth Schedule to this Act;[definition of “Load Line Convention” substituted by section 1(c) of Act 40 of 1963]“load line convention certificate” [definition of “load line convention certificate” deleted by section 1(l) of Act 13 of 1965]“load line regulations” means the regulations made under paragraph (c) of sub-section (2) of section three hundred and fifty-six to give effect to the relative provisions of the Load Line Convention and Annexes thereto, or such regulations as applied under sub-section (3) of the said section;[definition of “load line regulations” substituted by section 1(m) of Act 13 of 1965]“load line ship” means any ship of twenty-five or more gross tons, which is not solely engaged in fishing and is not a pleasure yacht;“local general safety certificate” means a certificate issued under paragraph (a) of sub-section (1) of section one hundred and ninety-four;“local load line certificate” means a certificate issued under paragraph 2 of section two hundred and seven;“local load line ship” means a load line ship—(a)engaged on an international voyage and—(i)of one hundred and fifty gross register tons or more, which does not carry cargo or passengers; or(ii)of less than one hundred and fifty gross register tons; or(b)not engaged on an international voyage;“local safety certificate” means a local general safety certificate or a local safety exemption certificate;[definition of “local safety certificate” substituted by section 1(n) of Act 13 of 1965]“local safety exemption certificate” means a certificate issued under sub-paragraph (i) of paragraph (b) of sub-section (1) of section one hundred and ninety-four;“master” means, in relation to a ship, any person (other than a pilot) having charge or command of such ship;“medical practitioner” means—(a)at a place in the Republic, a person registered as such under the Medical, Dental and Pharmacy Act, 1928 (Act No. 13 of 1928); or(b)at a place outside the Republic, a person who is entitled to practise as such under the law in force in that place;“Minister” means the Minister of Transport;[definition of “Minister” amended by section 3(i) of Act 30 of 1959]“near relative” in relation to a seaman means the wife or parent or a grandparent, child, grandchild, brother or sister of the seaman or the guardian or the person having the custody of a child of the seaman;“officer of customs” means an officer as that expression is defined by section one of the Customs Act, 1955 (Act No. 55 of 1955);[definition of “officer of customs” amended by section 3(j) of Act 30 of 1959]“owner” means any person to whom a ship or a share in a ship belongs;“part of the Commonwealth” [definition of “part of the Commonwealth” deleted by section 31(d) of Act 69 of 1962]“passenger” means any person carried in a ship, except—(a)a person employed or engaged in any capacity on board the ship on the business of the ship;(b)a person on board the ship either in pursuance of the obligation laid upon the master to carry shipwrecked, distressed or other persons or by reason of any circumstance that neither the master nor the owner nor the charterer (if any) could have prevented; and(c)a child under one year of age;“passenger ship” means a ship which carries more than twelve passengers;“passenger ship safety certificate” means a certificate issued under paragraph (a) or (c) of section one hundred and ninety-two, or deemed in accordance with the provisions of paragraph (a) of sub-section (1) of section two hundred and two to have been so issued;[definition of “passenger ship safety certificate” inserted by section 1(o) of Act 13 of 1965]"passenger ship's exemption certificate" [definition of “passenger ship's exemption certificate” deleted by section 1(p) of Act 13 of 1965]“port” means a place, whether proclaimed a public harbour or not, and whether natural or artificial, to which ships may resort for shelter or to ship or unship goods or passengers;“port of registry” means, in relation to a ship, the port at which she is registered or is to be registered;“prescribed” means prescribed by this Act;“proper officer” means the officer designated by the Minister to be the proper officer at the place and in respect of the matter to which reference is made in the provision of this Act in which the expression occurs; or if no such designation has been made—(a)at a place in the Republic, the chief officer of customs; or[paragraph (a) substituted by section 31(e) of Act 69 of 1962](b)at a place outside the Republic but within a treaty country, in the following order:(i)a consular representative of the Republic; or(ii)a diplomatic representative of the Republic; or(iii)the person who, in terms of the law in force in the treaty country, is entrusted with the function or charged with the duty to which reference is made in the provision of this Act in which the expression occurs; or(iv)a consular representative of a treaty country (other than the Republic); or(v)a diplomatic representative of a treaty country (other than the Republic); or[paragraph (b) substituted by section 31(e) of Act 69 of 1962](c)at a place outside any treaty country, the person, and in the order, indicated, in sub-paragraphs (i), (ii), (iv) and (v) of paragraph (b); or[paragraph (c) substituted by section 31(e) of Act 69 of 1962](d)at a place outside the Republic, where there is no proper officer as defined in paragraph (b) or (c), any master of a South African ship who is specially authorized in writing to act as proper officer by the Secretary, but only in relation to the functions and duties in respect of which, and subject to the conditions subject to which, he has been so authorized to act;[paragraph (d) added by section 31(e) of Act 69 of 1962]"proper return port", in relation to a master, seaman or apprentice-officer discharged or left behind, means—(a)the port at which the master, seaman or apprentice officer was engaged; or(b)a port in a country in which the master, seaman or apprentice-officer is domiciled; or(c)a port agreed to as such by the master, seaman or apprentice-officer, as decided by the proper officer;“qualified local safety certificate” [definition of “qualified local safety certificate” deleted by section 1(q) of Act 13 of 1965]“qualified safety certificate” [definition of “qualified safety certificate” deleted by section 1(r) of Act 13 of 1965]“qualified safety equipment certificate” [definition of “qualified safety equipment certificate” deleted by section 1(s) of Act 13 of 1965]“qualified safety radio exemption certificate” [definition of “qualified safety radio exemption certificate” deleted by section 1(t) of Act 13 of 1965]“qualified safety radiotelegraphy certificate” [definition of “qualified safety radiotelegraphy certificate” deleted by section 1(u) of Act 13 of 1965]“qualified safety radiotelephony certificate” [definition of “qualified safety radiotelephony certificate” deleted by section 1(v) of Act 13 of 1965]“radio” includes radiotelegraphy and radiotelephony;“radio regulations” means the regulations made under paragraph (a) of sub-section (2) of section three hundred and fifty-six to give effect to the relative provisions of the Safety Convention, or such regulations as applied under sub-section (3) of the said section;[definition of “radio regulations” substituted by section 1(w) of Act 13 of 1965]“recognized non-South African”, used in relation to a safety convention certificate or an international load line certificate, signifies that the certificate has been issued by or under the authority of the Government of a country other than the Republic to which the Safety Convention or the Load Line Convention, as the case may be, applies, and that the certificate complies with the regulations made under paragraph (a) of sub-section (2) of section three hundred ‘and fifty-six to give effect to the relative provisions of the Safety Convention or with those made under paragraph (c) of that subsection to give effect to the relative provisions of the Load Line Convention, respectively;[definition of “recognized non-South African, previously “recognized non-Union”, amended by section 1(d) of Act 40 of 1963 and substituted by section 1(x) of Act 13 of 1965]“register tons” and “register tonnage” mean, in relation to a South African ship, the tonnage of the ship, either gross or net as the case may be, recorded in the register mentioned in section fifteen-, and in the case of any other ship, the tonnage accepted or determined by the Minister, Secretary or proper officer;“regulation” means a regulation made under this Act;“Safety Convention” means the convention set out in the Second Schedule to this Act;[definition of “Safety Convention” substituted by section 1(e) of Act 40 of 1963]“safety convention certificate” means a passenger ship safety certificate, a cargo ship safety construction certificate, a cargo ship safety equipment certificate, a cargo ship safety radiotelegraphy certificate, a cargo ship safety radiotelephony certificate or an exemption certificate;[definition of “safety convention certificate” substituted by section 1(y) of Act 13 of 1965]“safety equipment certificate” [definition of “safety equipment certificate” substituted by section 1(z) of Act 13 of 1965]“safety equipment exemption certificate” [definition of “safety equipment exemption certificate” deleted by section 1(aa) of Act 13 of 1965]“safety radio exemption certificate” [definition of “safety radio exemption certificate” deleted by section 1(bb) of Act 13 of 1965]“safety radiotelegraphy certificate” [definition of “safety radiotelegraphy certificate” deleted by section 1(cc) of Act 13 of 1965]“safety radiotelephony certificate” [definition of “safety radiotelephony certificate” deleted by section 1(dd) of Act 13 of 1965]“savings bank” means the Post Office Savings Bank of the Republic, or a banking institution registered under the Banking Act, 1942 (Act No. 38 of 1942), or a building society registered under the Building Societies Act, 1934 (Act No. 62 of 1934), or, in respect of the allotment of premiums, a person registered or deemed to be registered as an insurer under the Insurance Act, 1943 (Act No. 27 of 1943), or any other body designated by the Minister;“sealing boat” means any ship exclusively employed in seal-catching;[definition of “sealing boat” amended by section 3i(z) of Act 30 of 1959]“seaman” means any person (except a master, pilot or apprentice-officer) employed or engaged in any capacity as a member of the crew of a ship;"Secretary" means the Secretary for Transport;[definition of "Secretary" inserted by section 3i(z) of Act 30 of 1959]“ship” means any kind of vessel used in navigation not propelled by oars;“ship’s officer” means a navigating officer or engineer officer, whether certificated or uncertificated, employed as such on board a ship, but does not include a master; and any reference to a ship’s officer shall, in its application to a ship in which a mate, boatswain, marine engineman or assistant marine engineman is employed, be construed as including a reference to a mate, boatswain, marine enginemanor assistant marine engineman;“shore-based whaling boat” means a whaling boat which delivers the whole of its catch to be processed in a factory established ashore in the Republic;“short voyage safety certificate” [definition of “short voyage safety certificate” deleted by section 1(ee) of Act 13 of 1965]“South African ship” means a ship registered in the Republic in terms of this Act or deemed to be so registered;“special load line certificate” means a certificate issued under sub-section (1) of section two hundred and, seventeen;“superior court” means a division of the Supreme Court of South Africa or the High Court of South -West Africa;“surveyor” means a ship surveyor, engineer surveyor or radio or other surveyor (having regard to the matters surveyed or to be surveyed) recognized or appointed in terms of paragraph (b) of section four;“this Act” includes any proclamation, notice, rule or regulation issued or made thereunder;“timber cargo regulations” means the regulations made under paragraph (c) of sub-section (2) of section three hundred and fifty-six to give effect to the relative provisions of the Load Line Convention, or such regulations as applied under sub-section (3) of the said section;[definition of “timber cargo regulations” substituted by section 1(ff) of Act 13 of 1965]"treaty country", in relation to any provision of this Act, means the Republic and any country, including any colony, protectorate or territory subject to the authority or under the suzerainty of such country or any territory over which a mandate or trusteeship is exercised by such country, which is a party to any bilateral treaty or agreement entered into by the Republic in connection with any matter dealt with in such provision;[definition of "treaty country" inserted by section 31(f) of Act 69 of 1962]"treaty ship" means a ship registered at any place in a treaty country under the relative laws in force at that place or any ship which by the law of a treaty country is recognized as a ship belonging to that treaty country;[definition of "treaty ship" inserted by section 31(f) of Act 69 of 1962]“unseaworthy”, used in relation to a vessel, means that she—(a)is not in a fit state as to the condition of her hull, equipment or machinery, the stowage of her cargo or ballast, or the number or qualifications of her master or crew, or in any other respect, to encounter the ordinary perils of the voyage upon which she is engaged or is about to enter; or(b)does not comply with the conditions of assignment to the extent set forth in paragraph (c) of section two hundred and seven; or(c)is loaded beyond the limits allowed—(i)by a load line certificate issued in the Republic under this Act; or(ii)if she is a load line ship, registered in a country in which the Load Line Convention applies, by a recognized non-South African international load line certificate; or[subparagraph (ii) substituted by section 1(gg) of Act 13 of 1965](iii)by a load line certificate to which a notice issued under section two hundred and eighteen applies:Provided that a safety convention ship not registered in the Republic, in respect of which a recognized non-South African safety convention certificate is produced, shall not be deemed unseaworthy, as regards the condition of her hull, equipment or machinery, unless it appears, on the report of a surveyor, that she cannot proceed to sea without danger to human life owing to the fact that the actual condition of her hull, equipment or machinery does not correspond substantially with the particulars, stated in the certificate;[definition of “unseaworthy” amended by section 1(f) of Act 40 of 1963]“vessel” includes any ship or boat or any other description of vessel used or designed to be used in navigation;“wages” includes any emoluments;“whaling boat” means any ship engaged exclusively in whale-catching, or on which any processing takes place of the bodies or any portion of the bodies of the whales caught by other whaling boats;“wreck” includes flotsam, jetsam, lagan and derelict found in or on the shores of the sea or of any tidal waters of the Republic, any portion of a ship or aircraft lost, abandoned, stranded or in distress, any portion of the cargo, stores or equipment of such ship or aircraft and any portion of the personal property on board such ship or aircraft when it was lost, abandoned, stranded or in distress and belonged to any person who was on board that ship or aircraft at that time;“year” means the calendar year, but for the purpose of the inspection of vessels required by this Act it means twelve calendar months from the date of the certificate of inspection or survey;
(2)[subsection (2) deleted by section 31(g) of Act 69 of 1962]
(3)Whenever in this Act reference is made to—
(a)an act or omission by or a duty resting upon or a fault committed by a vessel; or
(b)damage or loss suffered by a vessel; or
(c)a liability resting upon a vessel,
such reference shall, unless the context indicates otherwise, be construed as a reference to—
(i)an act or omission by or a duty resting upon or a fault committed by the person responsible for the navigation of the vessel in connection with the navigation thereof; or
(ii)damage or loss suffered by the owner or the person having an interest in the vessel or her cargo or freight, in connection with the vessel or her cargo or freight; or
(iii)a liability resting upon the person in charge of the vessel or upon the person who in law is answerable for the conduct of the person in charge of the vessel, in connection with such conduct,
respectively.
(4)In this Act references to a ship built before or after any date shall be construed as references to a ship the keel of which has been laid before or after that date, as the case may be.
(5)Any reference in this Act to an entry of an occurrence or other fact in the official log-book of a ship shall, in the application of the provision in which the reference occurs to a ship for which no official log-book is kept, be construed as a reference to a record of such occurrence or fact made otherwise than in an official log-book.
(6)Any reference in this Act to any order or entry made or document issued under any provision of this Act shall, unless otherwise indicated, be construed as including a reference to an order or entry made or document issued under the corresponding provision of any law repealed by section one.

3. Application of Act

(1)This Act and any amendment thereof shall apply to the Territory of South-West Africa and the port and settlement of Walvis Bay, and the said Territory shall for the purposes of this Act be deemed to form part of the Republic: Provided that the provisions of this Act shall not affect the competency of the Legislative Assembly for the said Territory to make Ordinances dealing with matters relating to sealing and sea fisheries and the licensing of vessels engaged in sealing and sea fishing, in the exercise of its powers under section twenty-five of the South-West Africa Constitution Act, 1925 (Act No. 42 of 1925), as extended by section thirteen bis of the Sea Fisheries Act, 1940 (Act No. 10 of 1940), as inserted by section three of the Sea Fisheries Amendment Act, 1949 (Act No. 58 of 1949), nor the validity of any such Ordinances made before the coming into operation of any of the provisions of this Act.[subsection (1) amended by section 32(a) of Act 69 of 1962]
(2)This Act and any amendment thereof shall apply to Marion Island and Prince Edward Island: Provided that in its application voyages between ports in the Republic and ports in those islands shall be deemed to be voyages between ports in the Republic and ports outside the Republic.[subsection (2) amended by section 32(b) of Act 69 of 1962]
(3)This Act shall bind the State: Provided that the Minister may by notice direct that sections one hundred, and two to one hundred and nine, inclusive, one hundred and thirteen, one hundred and twenty to one hundred and twenty-four, inclusive, one hundred and thirty-three, one hundred and thirty-four, one hundred and forty-five, one hundred and eighty-eight and three hundred and twenty-three shall not apply in respect of the master, seamen or apprentice-officers of any ship named in the notice and belonging to the Government of the Republic (including the Railway Administration), whose conditions of service are governed by laws other than this Act or statutory regulations other than regulations made under this Act.[subsection (3) amended by section 2(a) of Act 40 of 1963]
(4)Unless otherwise indicated, those provisions of this Act which apply to vessels which are registered or licensed in the Republic or which in terms of this Act are required to be so registered or licensed shall so apply wherever such vessels may be.
(5)Unless otherwise indicated, those provisions of this Act which apply to vessels other than those referred to in sub-section (4) shall so apply only while such vessels are within the Republic or the territorial waters thereof.
(6)The provisions of this Act shall not apply to ships belonging to the defence forces of the Republic or of any other country.[subsection (6) substituted by section 2 of Act 13 of 1965]
(7)The provisions of this Act shall not, except those of sections sixty-eight, sixty-nine, seventy, seventy-one, seventy-two, one hundred and ninety, one hundred and ninety-one, one hundred and ninety-four, one hundred and ninety-five, one hundred and ninety-seven, one hundred and ninety-eight, one hundred and ninety-nine, two hundred and fifty-four, two hundred and fifty-nine (except paragraph (e) of sub-section (1) thereof) and two hundred and sixty, together with section three hundred and twelve and sub-section (1) of section three hundred and thirteen in their application to section seventy-two, apply to any pleasure yacht which has been exempted under the provisions of sub-section (3) of section thirteen.
(8)The Minister may by notice in the Gazette declare that any of the provisions of this Act which are by that notice specified, subject to the exemptions, modifications and restrictions so specified, and which do not by virtue of the other provisions of this Act apply to a particular ship or to ships of a particular class, category or tonnage, shall apply to that ship or to ships of that class, category or tonnage: Provided that provisions which in terms of this Act apply only to South African ships shall not by any such notice be applied also to ships not registered in the Republic and vice versa.[subsection (8) amended by section 4 of Act 30 of 1959]
(9)The Minister may by notice in the Gazette declare that any of the provisions of this Act which are by that notice specified, subject to the exemptions, modifications and restrictions so specified, shall apply to any dams or other inland waters so specified.[subsection (9) amended by section 4 of Act 30 of 1959]
(10)If it has been made to appear to the Minister that the Government of any country other than the Republic is desirous that any of the provisions of this Act, which do not apply to the ships of that country should so apply, and there are no special provisions in this Act for that application, the Minister may by notice in the Gazette declare that such of those provisions as are by that notice specified (subject to the limitations, if any, contained therein) shall apply to the ships of that country and to the owners, masters, seamen and apprentice-officers of those ships, when not locally within the jurisdiction of the government of that country, in the same manner in all respects as if those ships were ships registered in the Republic; and thereupon the provisions so specified shall, subject to such limitations, if any, so apply.[subsection (10) amended by section 4 of Act 30 of 1959]
(11)If the Minister is satisfied—
(a)that ships registered in any country other than the Republic are required by the law in force in that country to comply with any provisions which are substantially the same as, or equally effective with, any of the provisions of this Act which apply to such ships while they are within the Republic or the territorial waters thereof; and
(b)that that country has made or has undertaken to make provision for the exemption of South African ships while they are within that country or the territorial waters thereof from the corresponding requirements of the law of that country,
he may by notice in the Gazette declare that the said provisions of this Act shall not apply to any ship of that country, while she is within the Republic or its territorial waters, if it is proved that the ship complies with the corresponding provisions of the law in force in that country; and thereafter upon such proof being furnished, the said provisions of this Act shall not apply to such ship.[subsection (11) amended by section 4 of Act 30 of 1959 and substituted by section 2(b) of Act 40 of 1963]

Chapter I
Administration

4. Powers of Minister

The Minister may—
(a)subject to the laws governing the public service, appoint such officers as he considers necessary for the administration of this Act;
(b)recognize or, subject to the laws governing the public service, appoint as a ship surveyor, engineer surveyor or radio or other surveyor any qualified person whom he deems fit to act as such for the purposes of this Act;
(c)by notice in the Gazette declare a port in the Republic to be a port of registry for the registration of ships;
(d)delegate any of his powers under this Act (except the power of delegation) to any officer with respect to the powers or matters specified or the port or area defined in the instrument of delegation.

5. Secretary to be responsible for administration of Act

(1)The Secretary shall, subject to the control of the Minister, be responsible for the administration of this Act, and shall have the control of all matters incidental thereto.
(2)The Secretary shall, subject to the provisions of this Act or any other law, have such powers and perform such duties as are assigned to him by the Minister.
(3)All powers conferred and all duties imposed upon the Secretary may be exercised or performed by the Secretary personally or by an officer under a delegation from or under the control or direction of the Secretary.
[section 5 substituted by section 5 of Act 30 of 1959]

6. National Marine Advisory Council, National Advisory Council for the Welfare of Merchant Seamen, port welfare committees and ad hoc advisory committees

(1)There shall be a National Marine Advisory Council, consisting of not more than seven members, of whom at least one (who shall be the chairman) shall be a member of the public service, and of whom five shall represent the interests of—
(a)owners of South African ships other than fishing boats;
(b)owners of fishing boats registered or licensed in the Republic;
(c)underwriters;
(d)masters, skippers and ships’ officers employed on South African Ships; and
(e)seamen (other than masters, skippers and ships’ officers) employed on South African ships,
respectively.
(2)[subsection (2) deleted by section 6(a) of Act 30 of 1959]
(3)In the absence for any cause of the chairman of the National Marine Advisory Council from any meeting, the members present shall choose one of their number to preside at the meeting.[subsection (3) amended by section 6(b) of Act 30 of 1959]
(4)The National Marine Advisory Council shall advise the Minister in regard to all matters referred to it in connection with the administration of this Act, generally.
(5)[subsection (5) deleted by section 6(c) of Act 30 of 1959]
(6)The Minister may at any port in the Republic appoint a port welfare committee for the purposes of collecting information on the conditions in which seamen in the port live, advising departments of State, the local authority of the port and bodies engaged in promoting the welfare of seamen at the port as to the application, adaption and co-ordination of measures for the improvement of such conditions, and collaborating in the carrying out of such measures.[subsection (6) amended by section 3 of Act 40 of 1963]
(7)The Minister may from time to time appoint a committee for the purpose of advising him in regard to any particular matter dealt with by this Act and referred to it.
(8)The members of the National Marine Advisory Council, and every port welfare committee and every committee referred to in sub-section (7) shall be appointed by the Minister in accordance with the regulations, and the said councils and committees shall perform their functions in accordance with the regulations.[subsection (8) amended by section 6(d) of Act 30 of 1959]
(9)There shall be paid to members of the National Marine Advisory Council, and of any port welfare committee and any committee appointed under sub-section (7) such allowances towards subsistence and transport as may be prescribed by the regulations made under this Act, or, if they are members of the public service, such allowances towards subsistence and transport as are prescribed by or under the laws governing the public service.[subsection (9) amended by section 6(e) of Act 30 of 1959]
(10)In sub-section (6) the expression ‘seamen’ includes all persons who are or have been employed, or are seeking employment, in any capacity on board any ship.[subsection (10) added by section 6(f) of Act 30 of 1959]

7. Survey of ship to ascertain whether she complies with the Act

Subject to the provisions of this Act, a surveyor may inspect any South African ship wherever she may be or any ship not registered in the Republic while she is within the Republic or the territorial waters of the Republic for the purpose of ascertaining whether she complies with the provisions of this Act.

8. Duty of proper officer to ensure compliance with this Act

If a proper officer has reason to suspect that the provisions of this Act are not being or have not been complied with in respect of any ship within the Republic or the territorial waters of the Republic, which is not registered in the Republic, or in respect of any South African ship wherever she may be, he shall take such steps as in his opinion are necessary to ensure compliance with the said provisions.

9. Powers of officers and courts

(1)Any—
(a)proper officer or surveyor; or
(b)court of marine enquiry, maritime court or court of survey; or
(c)person appointed in terms of section two hundred and sixty-four or sub-section (1) of section two hundred and eighty-one, or to whom an appeal is referred in, terms of sub-section (1) or (2) of section two hundred and eighty-two; or
(d)other person authorized or required by or under this Act, or generally or specially authorized or required by the Secretary, to make any survey or inspection or conduct any investigation,
may, in the execution of his or its duty or the exercise of his or its functions—
(i)board any South African ship wherever she may be, or any ship other than a South African ship while she is within the Republic or the territorial waters of the Republic, and inspect the same or any part thereof, or any equipment thereof, or any articles on board, or any log-books, certificates or other documents relating to the ship or the crew thereof, and muster the crew of the ship and interrogate them;
(ii)enter any premises, including any land, structure, vehicle or vessel, and inspect the same or any articles therein;
(iii)by written notice or otherwise summon any person who in his or its opinion may be able to give information which is likely to assist him or it in the carrying out of such duty, or who he or it suspects or believes has in his possession or custody or under his control any book, document or thing the inspection of which is likely to assist him or it in the carrying out of such duty, to appear before him or it at a time and place specified, to be interrogated or to produce that book, document or thing;
(iv)administer an oath to any person appearing in obedience to any summons or otherwise, and interrogate him and inspect and detain any book, document or thing produced;
(v)require any person interrogated to subscribe to a declaration of the truth of the statement made by him; and
(vi)copy any document inspected by or produced to him or it.
[subsection (1) amended by section 7(a) of Act 30 of 1959]
(2)Every person—
(a)shall upon demand assist to the best of his ability any officer or other person or court in the exercise of any of the powers conferred by sub-section (1);
(b)summoned under paragraph (iii) of sub-section (1) whose reasonable expenses have been paid or offered to him shall attend at the time and place specified, and remain in attendance until excused by the officer or other person or court from further attendance;[paragraph (b) amended by section 7(b) of Act 30 of 1959]
(c)shall take the oath administered to him by any officer or other person or court under paragraph (iv) of sub-section (1);
(d)shall answer fully and satisfactorily, to the best of his ability, all questions lawfully put to him by any officer or other person or court under paragraph (i) or (iv) of sub-section (1), and, upon being required to do so, produce any book, document or thing in his possession or under his control: Provided that in connection with the interrogation of any such person by, or the production of any such book, document or thing to any such officer or other person or court, the law relating to privilege, as applicable to a witness summoned to give evidence or produce any book, document or thing before a court of law shall apply; and
(e)upon being required to do so, shall subscribe to a declaration of the truth of any statement made by him.
(3)Any person who, after being sworn by an officer or other person or court in the exercise of the said powers, gives a false answer to any question put to him, or makes a false statement on any matter, knowing that answer or statement to be false, shall be deemed to be guilty of perjury.
(4)Any person or court referred to in paragraph (a), (b) or (c) of sub-section (1) may in the execution of his or its duty or the exercise of his or its functions, if he or it deems it necessary to do so, direct that any South African ship wherever she may be, or any ship other than a South African ship while she is within the Republic or the territorial waters of the Republic, be taken into deck at the owner’s expense, in order that every part of the hull thereof may be inspected.

Chapter II
Recording, registering and licensing of ships

10. Notification of building of vessels

(1)Every person who at the coming into operation of this section is building, or after such coming into operation intends to build, a vessel in the Republic which when completed will be required to be registered or licensed in terms of this Act, shall within sixty days of such coming into operation or before beginning to build the vessel, as the case may be, furnish to the proper officer nearest to the place where the vessel is being built or to be built, such written particulars of the vessel as may be prescribed.
(2)The person on whose account any vessel is built shall for the purposes of sub-section (1) be deemed to build that vessel.

11. Qualification for owning ship registered under this Act

(1)No ship shall be registered in the Republic unless the whole of the ship is owned by the Government of the Republic or by persons to each of whom one or other of the following descriptions applies:
(a)South African citizens;
(b)citizens of a treaty country (other than the Republic); and[paragraph (b) amended by section 33(a) of Act 69 of 1962]
(c)corporate bodies established under and subject to the law in force in any treaty country and having their principal place of business in any treaty country.[paragraph (c) amended by section 33(b) of Act 69 of 1962]
(2)No person other than the Government of the Republic or a person who is included in a category mentioned in sub-section (1) shall acquire, except by such transmission as is referred to in section forty-three, any interest in a ship registered in the Republic.
[section 11 amended by section 4 of Act 40 of 1963]

12. Power to enquire into the title of a registered ship to be registered

(1)If the Minister has reason to believe that there is some doubt as to the title of any ship registered as a South African ship to be so registered, he may direct the proper officer of the port of registry of the ship to require that evidence be given to his satisfaction that the ship is entitled to be registered as a South African ship.
(2)If within such time as may be determined by the Minister, evidence to the satisfaction of the proper officer of the title of the ship to be registered is not given, the ship shall be liable to forfeiture.

13. Obligation to apply for registry of a ship

(1)Whenever the whole of a ship of twenty-five or more gross tone is owned—
(a)by the Government of the Republic; or[paragraph (a) amended by section 5 of Act 40 of 1963]
(b)by persons all of whom in terms of section eleven are qualified to own a South African ship, and—
(i)a majority of the owners either in number or extent of ownership are persons resident in the Republic or corporate bodies haring their principal place of business within the Republic; or
(ii)the ship is, as to her management and use, principally controlled in the Republic,
the said Government or the other owners, as the case may be, shall, unless she is already registered in the Republic or elsewhere apply to the proper officer at one of the ports of registry appointed in terms of paragraph (c) of section four for the ship to be registered in terms of this Act.
(2)The application for registry mentioned in sub-section (1) shall be made—
(a)in the case of a ship already owned at the coming into operation of this section by persons who in terms of section eleven are qualified to own a South African ship, within one month of such coming into operation; and
(b)in the case of a ship acquired after the coming into operation of this section by persons so qualified, within one month of the date on which she is so acquired.
(3)The Minister may in his discretion exempt the owners of certain classes of ships of less than one hundred gross tons, to be determined by him, from the provisions of this section.

14. Ships registered in Republic under repealed law

All ships registered at a port in the Republic at the coining into operation of this section in accordance with the provisions of any law repealed by section one shall be deemed to be registered in terms of this Act and the provisions of section thirteen shall not apply in respect of such ships.[section 14 amended by section 6 of Act 40 of 1963]

15. Register to be kept

The proper officer shall enter all ships registered by him in a special book to be kept for the purpose (hereinafter referred to as the register), and such entries shall be made in the prescribed manner.

16. Survey and measurement of ship before registry

The owner of a ship in respect of which application for registry is made shall, upon demand by the proper officer, cause such ship to be surveyed by a surveyor, and the tonnage of the ship ascertained, in the prescribed manner. The surveyor shall grant a tonnage certificate specifying the ship’s tonnage and build and such other particulars as may be required by the regulations, and that certificate shall be delivered to the proper officer by the owner before the ship is registered.

17. Tonnage once ascertained to be the tonnage of ship

Whenever the tonnage of a ship has been ascertained and registered in accordance with this Act, that tonnage shall thenceforth be deemed to be the tonnage of the ship, and shall be repeated in every subsequent registry thereof, unless any alteration is made in the form or capacity of the ship, or unless it is discovered that the tonnage of the ship has been erroneously computed, in either of which cases the ship shall be resurveyed, and her tonnage redetermined in accordance with this Act.

18. Tonnage of ships of other countries

(1)Whenever the Minister is satisfied that provisions substantially the same as those of this Act relating to the measurement of the tonnage of ships are in force in any other country, he may by notice in the Gazette direct that ships registered in that country shall without being resurveyed in the Republic be presumed to be of the tonnage denoted in their certificates of registry or other national papers, in the same manner, to the same extent, and for the same purposes as the tonnage denoted in the certificate of registry of a South African Ship is presumed to be the tonnage of that ship, and that the space shown by the certificate of registry or other national papers of any ship registered in such other country, as deducted from tonnage on account of being occupied by seamen or apprentice-officers and appropriated to their use, shall for the purpose of determining her tonnage be presumed to have been certified by a surveyor under sub-section (2) of section two hundred and sixty-two to comply with those of the provisions of this Act which apply to such a space in the case of a South African ship.
(2)Whenever the Minister has given any such direction as is mentioned in sub-section (1), the presumptions referred to shall apply in respect of any ship registered in the country to which the direction relates.
(3)If any question arises as to whether the tonnage of any ship registered in any country to which any such direction relates, as denoted in her certificate of registry or other national papers, materially differs from that which would be her tonnage if measured under this Act, or as to whether the construction and the equipment of any ship so registered as regards the said space do for the purpose of determining the tonnage of the ship conform to the standards required under this Act, the Secretary may direct that a surveyor inspect the ship.
(4)If from the report of a surveyor so directed to inspect a ship it appears to the Minister that the tonnage of that ship, as so denoted, materially differs from that which would be her tonnage if measured under this Act or that her construction and equipment as regards the said space do not, for the purpose of determining her tonnage conform to the said standards, or if for any reason it appears to the Minister that the tonnage of any ship so registered has been erroneously computed, he may order that, notwithstanding any direction for the time being in force under this section, that ship or any ship registered in the country to which the direction relates shall, for all or any of the purposes of this Act, be surveyed in accordance with this Act.

19. Marking of ship

(1)The owner of a ship who applies for registry under this Act shall before registry cause her to be marked permanently and conspicuously in the prescribed manner and to the satisfaction of the proper officer, and any ship not so marked may be detained by that officer.
(2)The owner and the master of a South African ship shall take all reasonable stops to ensure that the ship remains marked as required by this section or by sub-section (2) of section thirty-six, or, in the case of a ship referred to in section fourteen, that she remains marked as required by the law under which she was registered, and the said owner or master shall not cause or permit any alterations of such marks to be made, except in the event of any of the particulars thereby denoted being altered in the manner provided in this Act, or except to evade capture by an enemy or by a foreign ship of war in the exercise of some belligerent right.

20. Evidence on first registry

(1)On the first registry of a ship in the Republic the owner shall produce—
(a)a declaration of ownership, in the prescribed form;
(b)in the case of a ship built elsewhere than in the Republic, a certificate signed by the builder and containing a true account of the size and dimensions and the tonnage of the ship as estimated by the said builder, and of the time when and the place where she was built, and of the name of the person on whose account she was built, unless the person who makes the declaration of ownership declares that the time and place of building are unknown to him, or that the builder’s certificate cannot be obtained, in which case there shall be required only the deed of sale under which the ship became vested in the applicant for registry;
(c)if there has been any sale, the deed of sale under which the ship has been vested in the applicant for registry;
(d)in the case of a ship that has been forfeited, an official copy of the notice of forfeiture.
(2)The builder of a ship shall not within the Republic refuse or omit upon request by the owner to grant the certificate required by this section.
(3)The proper officer may demand proof of ownership of the ship to his satisfaction before proceeding with the registry of the ship.

21. Entry of particulars in register

As soon as the requirements of this Act preliminary to registry have been complied with the proper officer shall enter in the register the following particulars:
(a)the name of the ship and the name of the port to which she belongs;
(b)the details contained in the tonnage certificate referred to in section sixteen;
(c)the origin of the ship, as stated in the declaration of ownership;
(d)the name, address and occupation of the owner of the ship, and if there are more owners than one, what share in the ship is held by each owner.

22. Documents to be retained by proper officer

On the registry of a ship in the Republic the proper officer shall retain in his possession the following documents:
(a)all declarations of ownership;
(b)the tonnage certificate;
(c)the builder’s certificate;
(d)all deeds of sale of the ship previously made and no longer of force and effect; and
(e)the copy of the notice of forfeiture, if any.

23. Certificate of registry

On completion of the registry of a ship, the proper officer shall grant a certificate of registry in the prescribed form, containing the particulars respecting the ship entered in the register in accordance with section twenty-one and stating the name of her master.

24. Custody of certificate of registry

(1)A certificate of registry granted in terms of section twenty-three shall not be subject to detention by reason of any title to, lien on, charge against, or interest in the ship held or claimed by any person.
(2)No person who has in his possession or under his control the certificate of registry of a ship shall refuse or omit without reasonable cause to deliver such certificate on demand to the person entitled to the custody thereof.

25. Improper certificate of registry not to be used

The owner or master—
(a)of a South African ship, wherever she may be; or
(b)of a ship other than a South African ship, while she is within the Republic or the territorial waters of the Republic,
shall not use or allow to be used for the navigation of that ship a certificate of registry not lawfully granted in respect of that ship, or produce or put off as a certificate of registry of that ship any document other than the certificate of registry lawfully granted in respect of that ship.

26. Power to grant new certificate of registry

(1)The proper officer at the port of registry of a South African ship may, on delivery to him of the certificate of registry of the ship, grant a new certificate in lieu thereof.
(2)If the certificate of registry of a South African ship is mislaid, lost, or destroyed, the proper officer at the port of registry shall, subject to the regulations, grant a new certificate of registry in lieu of the original certificate.
(3)If the port at which a South African ship is at the time the event referred to in sub-section (2) occurs, or first arrives after the event occurs, is not in the Republic, the master of the ship or some other person having knowledge of the facts of the case shall furnish the proper officer at that port with a declaration stating the facts of the case and the names and descriptions of the registered owners of the ship, and the proper officer may thereupon grant a provisional certificate, containing a statement of the circumstances in which it is granted.
(4)The master of a ship in respect of which a provisional certificate has been granted under sub-section (3) shall, within ten days after the first subsequent arrival of the ship at a port in the Republic, deliver the provisional certificate to the proper officer at the port of registry, and the proper officer shall thereupon grant a new certificate of registry.

27. Endorsement of change of master on certificate of registry

(1)Whenever the master of a South African ship is changed, a memorandum of such change shall be endorsed on the certificate of registry—
(a)if the change is made in consequence of the finding of a court of marine enquiry or a maritime court, by the presiding officer of that court;
(b)if the change occurs from any other cause, by the proper officer at the pla ce where the change takes place.
(2)The person who makes the endorsement referred to in sub-section (1) shall forthwith report the change of master to the Secretary, and the proper officer at any port in the Republic may refuse to permit any person to do any act there as master of a South African ship unless such person’s name is inserted in or endorsed on the certificate of registry as the last appointed master of that ship.
(3)This section shall not apply in respect of any ship belonging to the Railway Administration and used by that Administration in connection with the working of its harbours.

28. Endorsement of change of ownership on certificate of registry

(1)Whenever a change occurs in the registered ownership of a South African ship, such change of ownership shall be endorsed on the certificate of registry by the proper officer at the ship’s port of registry, or by the proper officer at any other port at which the ship arrives after such officer has been advised of the change by the proper officer at the ship’s port of registry.
(2)If a change of ownership of a South African ship occurs when the ship is at her port of registry, the master shall, for the purpose of endorsement in terms of sub-section (1), deliver the certificate of registry to the proper officer immediately after such change of ownership takes place, or upon the ship’s return to that port, if the change occurs during the absence of the ship from that port and no endorsement in terms of sub-section (1) has been made by a proper officer at some other port.
(3)The proper officer at any port who is by this section required to make an endorsement on the certificate of registry of a South African ship, may require the master to produce such certificate forthwith.

29. Procedure when ship is lost or ceases to be a South African ship

(1)In the event of a South African ship being either actually or constructively lost, taken by the enemy, burnt or broken up, or ceasing to be a South African ship by reason of transfer to a person not qualified to own a South African ship or for any other cause, the registered owner of the ship or of any share in the ship shall immediately on obtaining knowledge of the event report the particulars thereof to the proper officer at the port of registry of the ship, who shall record such particulars in the register and the registry of the ship in that register shall be considered closed, except in respect of any unsatisfied mortgages or existing certificates of mortgage entered therein.
(2)In any such case, except where the ship’s certificate of registry is lost or destroyed, the muster of the ship shall immediately, if the event occurs in port, or within three days after his arrival in port, if it occurs elsewhere, deliver the certificate to the proper officer, and that officer shall forthwith forward the certificate to the proper officer at the port of registry of the ship.
(3)If the registry of a ship is considered closed in terms of sub-section (1) by reason of its transfer to a person not qualified to own a South African ship, and if the ship thereafter comes within the area of jurisdiction of any court in the Republic or in any other treaty country which has jurisdiction to give judgment upon any unsatisfied mortgage entered in the register, including any mortgage made under a certificate of mortgage entered in the register, and to order that the ship be sold in execution of the judgment, or which would have had such jurisdiction if the transfer of the ship had not been made, the court may exercise such jurisdiction notwithstanding the transfer of the ship, without prejudice, in a case in which the ship has been sold under a judgment of a court, to the effect of that judgment.[subsection (3) amended by section 34 of Act 69 of 1962]
(4)For the purposes of sub-section (1) a ship shall be deemed to be constructively lost if—
(a)she is reasonably abandoned on account of her actual total loss appearing to be unavoidable; or
(b)she cannot be preserved from actual total loss without an expenditure which would exceed her value when the expenditure had been incurred; or
(c)she has been so damaged that the cost of repairing the damage would exceed her value when repaired.

30. Provisional certificate for ship which elsewhere than in the Republic becomes the property of a person qualified to own a South African ship

(1)If at a port outside the Republic a ship becomes the property of a person qualified to own a South African ship, and if that person declares to the proper officer at that port or the Secretary that it is his intention to apply to have her registered in the Republic, the proper officer or the Secretary, as the case may be, may grant to the master of the ship, on application by him, a provisional certificate stating—
(a)the name of the ship;
(b)the time and place of her purchase, and the name and address of the purchaser;
(c)the name of the master; and
(d)the best particulars respecting the tonnage, build, and description of the ship which he is able to obtain,
and the proper officer shall, if the certificate is issued by him, foward a copy thereof at the first convenient opportunity to the Secretary.[subsection (1) amended by section 7 of Act 40 of 1963]
(2)A provisional certificate issued in terms of sub-section (1) shall be deemed to be a certificate of registry until the expiry of six months from the date on which it was issued, or until the ship’s arrival at a port of registry in the Republic, whichever is the earlier date, but shall thereafter have no effect.

31. Temporary passes in lieu of certificates of registry

Whenever by reason of special circumstances it appears desirable to the Secretary that permission should be granted to a ship which, in terms of this Act, is entitled to be registered in the Republic, or, in terms of the laws in force in any other treaty country is entitled to be registered in that treaty country to proceed to sea without being previously registered, he may authorize the granting of a pass in the prescribed form for the ship to be taken from any port in the Republic to any other port in the Republic or, as the case may be, to any port in that other treaty country, and that pass shall for the time and within the limits therein mentioned be deemed to be a certificate of registry.[section 31 amended by section 35 of Act 69 of 1962]

32. Notification of alteration in ships

(1)The master or owner of a South African ship which is so altered that she does not correspond with the particulars contained in the register relating to her tonnage or description shall—
(a)if at the time when the alteration is made the ship is at a port which has in terms of paragraph (c) of section four been declared to be a port of registry, within three days after the making of the alteration, notify the proper officer there of the alteration; or
(b)if the ship is not at such a port at the time when the alteration is made, but arrives at such a port within three months after the making of the alteration, within three days after she first arrives at such a port, notify the proper officer there of the alteration; or
(c)if the ship is not at such a port at the time when the alteration is made and does not arrive at such a port during the period of three months after the making of the alteration, as soon as practicable after the expiry of the said period, notify the proper officer at the ship’s port of registry of the alteration.
(2)Every notification in terms of sub-section (1) shall be in writing and shall—
(a)in the case referred to in paragraph (a) or (b) of that sub-section, be delivered to the proper officer, accompanied by the certificate of registry of the ship and a certificate by a surveyor stating the particulars of the alteration; or
(b)in the case referred to in paragraph (c) of that sub-section, be sent by registered post to the proper officer, accompanied by an application for registry anew of the ship.
[section 32 substituted by section 8 of Act 30 of 1959]

33. Registry of alterations

(1)If the proper officer to whom a notification of any alteration is given in terms of paragraph (a) or (b) of sub-section (1) of section thirty-two is the proper officer at the ship’s port of registry, he shall, upon receipt by him of the notification and of the certificate of registry and surveyor’s certificate referred to in paragraph (a) of sub-section (2) of that section, either direct that the ship be registered anew or endorse the particulars of the alteration on the existing certificate of registry and in the latter event he shall record in the register the particulars of the alteration and the fact that they have been endorsed on the certificate of registry.
(2)
(a)If the proper officer to whom notification of any alteration is given in terms of paragraph (a) or (b) of sub-section (1) of section thirty-two is not the proper officer at the ship’s port of registry, he shall, upon receipt by him of the notification and of the certificate of registry and surveyor’s certificate referred to in paragraph (a) of sub-section (2) of that section, either withdraw the existing certificate of registry and direct that the ship be registered anew and, upon receipt of the application for registry anew of the ship, grant a provisional certificate of registry describing the ship as altered or endorse the particulars of the alteration on the existing certificate of registry.
(b)Where a proper officer has granted a provisional certificate of registry or endorsed a certificate of registry in terms of paragraph (a), he shall forthwith report to the proper officer at the ship’s port of registry the particulars of the case and transmit to him the surveyor’s certificate delivered in terms of paragraph (a) of sub-section (2) of section thirty-two and, where a provisional certificate has been granted, the application in pursuance of which it was granted and the withdrawn certificate of registry.
(3)Upon receipt by the proper officer at the ship’s port of registry of the report made and documents transmitted to him in terms of sub-section (2), he shall record in the register the particulars of the alteration and the fact that a provisional certificate of registry has been granted, or, as the case may be, that the particulars of the alteration have been endorsed on the existing certificate of registry.
(4)
(a)The master or owner of a ship in respect of which a provisional certificate of registry has been granted under sub-section (2) shall, unless she has been registered anew in terms of paragraph (b), within three days after the first subsequent arrival of that ship at her port of registry deliver that certificate to the proper officer at that port, who shall retain that certificate and register the ship anew.
(b)If the proper officer at the ship’s port of registry has reason to believe that the ship will not arrive at that port within a reasonable period, he may register the ship anew and transmit the new certificate of registry granted by him in terms of sub-section (1) of section thirty-five to the proper officer at any port at which the ship is or for which she is bound, for delivery to the master or owner of the ship against the surrender of the provisional certificate of registry.
(c)The proper officer to whom the provisional certificate of registry is surrendered shall forth-with transmit it to the proper officer at the ship’s port of registry.
(5)
(a)Upon receipt by the proper officer at the ship’s port of registry of the notification and application referred to in paragraph (b) of sub-section (2) of section thirty-two, he shall register the ship anew and transmit the new certificate of registry granted by him in terms of sub-section (1) of section thirty-five to the proper officer at any port at which the ship is or for which she is bound, for delivery to the master or owner of the ship against the surrender of the old certificate of registry.
(b)The proper officer to whom the old certificate of registry is surrendered shall forthwith transmit it to the proper officer at the ship’s port of registry.
(6)If a proper officer directs that a ship be registered anew, the owner of the ship shall forthwith make application for registry anew of the ship.
[section 33 substituted by section 9 of Act 30 of 1959]

34. Registry anew on change of ownership

If the ownership of a South African ship is changed, the proper officer of the port at which the ship is registered may on application by the owner of the ship register the ship anew, but, subject to the provisions of paragraph (f) of section fifty-five, the owner shall not be obliged to apply for registry anew in such circumstances.

35. Procedure for registry anew

(1)If a South African ship is to be registered anew the proper officer shall proceed as in the case of first registry, and shall, subject to the provisions of this Act make such registry anew, and grant a certificate thereof.[subsection (1) amended by section 10 of Act 30 of 1959]
(2)When a South African ship is registered anew her former registry shall be considered as closed except so far as relates to any unsatisfied mortgages or existing certificates of sale or mortgage entered therein, but the names of all persons appearing in the former registry as being interested in the ship as owners or mortgagees shall be entered in the new registry, and the registry anew shall not in any way affect the rights of any of those persons.

36. Transfer of registry

(1)The registry of a South African ship may be transferred in accordance with the regulations from one port to another on application to the proper officer by the owner of the ship, and on completion of the transfer the ship shall be considered as registered at the new port of registry.
(2)The owner shall cause to be made such changes in the marking of the ship consequent upon the transfer of registry as may be prescribed.
(3)Transfer of the registry of a ship under sub-section (1) shall in no way affect the rights of any person appearing on the register to be interested in the ship as owner or mortgagee.

37. Re-registration of abandoned ships

If a ship has ceased to be registered as a South African ship by reason of having been wrecked or abandoned, or for any other reason except capture by the enemy or transfer to a person not qualified to own a South African ship, the ship shall not be re-registered until she has at the expense of the applicant for registration been inspected by a surveyor and certified by him to be seaworthy.

38. Names of ships

A South African ship shall not be described or registered by or marked with any name, and the name of a registered ship shall not be altered, except in accordance with the regulations.

39. Transfer of ships or shares

(1)A South African ship or a share therein when disposed of to a person qualified to own a South African ship shall be transferred by deed of sale.
(1)The deed of sale shall contain such description of the ship as is contained in the surveyor’s certificate, or some other description sufficient to identify the ship to the satisfaction of the proper officer, and shall be in the prescribed form.

40. Declaration of transfer

When a South African ship or a share therein is transferred the transferee shall not be entitled to be registered as owner thereof until he has made and signed a declaration of transfer in the prescribed form.

41. Registry of transfer

(1)Every duly executed deed of sale for the transfer of a South African ship or of a share therein shall be produced to the proper officer at the port of registry of the ship, with the and any other documents which in terms of the regulations have to accompany such deed, and the proper officer shall thereupon enter in the register the name of the transferee as owner of the ship or share, and shall endorse on the deed of sale the fact that such entry has been made, with the date and time of entry.[subsection (1) amended by section 11 of Act 30 of 1959]
(2)Deeds of sale of a ship or of a share therein shall be entered in the register in the order of their production to the proper officer.

42. Transmission of property in ship on marriage or death, etc.

(1)When ownership of a South African ship or share therein is transmitted on marriage or death of any registered owner, or by any lawful means other than by a transfer under this Act, to a person qualified to own a South African ship, that person shall execute a declaration in the prescribed form certifying that the transmission has taken place.
(2)If the transmission takes place by virtue of marriage, the declaration shall be accompanied by a copy of the register or other legal evidence of the marriage.
(3)If the transmission is consequent on death, the declaration shall be accompanied by a certificate signed by the master of a superior court having jurisdiction in respect of the estate of the deceased person from whom the ownership of the ship or share has been transmitted, stating the name of the person to whom the ship or share has been transmitted, and the letters of administration of the executor, or if no master of a superior court has such jurisdiction, the declaration shall be accompanied by other proof of the transmission to the satisfaction of the proper officer.
(4)The proper officer, on receipt of the duly executed declaration and the documents by which in terms of sub-sections (2) and (3) and the regulations it must be accompanied, shall enter in the register as owner the name of the person to whom the ownership of the ship or share has been so transmitted.[subsection (4) amended by section 12 of Act 30 of 1959]

43. Order for sale on transmission to unqualified person

(1)When ownership of a South African ship or share therein is transmitted on marriage or death or otherwise to a person not qualified to own a South African ship, that person may apply to the Secretary for an order directing that the property be sold and the proceeds of the sale, after deduction of the expenses thereof, be paid to him.
(2)The application shall be made in the form and manner prescribed, and shall be accompanied by proofs of the applicant’s claim.
(3)Upon any such application being made to him, the Secretary shall direct that notice of the application be published in the Gazette and in such newspapers and be served upon such persons as he may determine. The notice shall be in a form approved by the Secretary and shall call upon all persons who may object to the order being made to lodge their objections in writing with the Secretary within a period determined by him and mentioned in the notice.
(4)Upon proof of the due publication and service of the notice, the Secretary shall, if no objection in writing has been lodged with him within the period mentioned in the notice, and if he is satisfied of the justice of the applicant’s claim, make the order applied for.
(5)If objection in writing is lodged with the Secretary within the period mentioned in the notice, or if he is not satisfied of the justice of the applicant’s claim, he shall refuse to make the order.
(6)If the Secretary refuses to make the order, the applicant may apply to the superior court within whose area of jurisdiction the port of registry of the ship is situated for such an order as is referred to in sub-section (1).
(7)The court may make the order on any terms and conditions it thinks fit, or may refuse to make the order, or generally may do what it considers best in the interests of the justice of the case.
(8)Every such application to the Secretary shall be made within thirty days after the date on which the event occurred on which the transmission took place, and every such application to the court shall be made within thirty days after the refusal by the Secretary to make the order. The court may allow an extension of the time (not exceeding in all one year from the said date) within which the application to the Secretary or the court must be made.
(9)If such application is not made within the time fixed by or extended under sub-section (8), or if the court refuse an order for sale, the ship or share transmitted shall be liable to forfeiture.

44. Transfer of ship or sale by order of Secretary or court

When the Secretary, in terms of section forty-three, or when any court, whether in terms of that section or otherwise, orders the sale of any South African ship or share therein, the order shall contain a declaration vesting in some person named therein the right to transfer the ship or share. The person so named shall thereupon be entitled to transfer the ship in the same manner and to the same extent as if he were the registered owner thereof, and the proper officer shall in respect of any such transfer regard that person as the registered owner.

45. Power of court to prohibit transfer

On the application of an interested party the superior court within whose area of jurisdiction the port of registry of a ship is situated may, without prejudice to the exercise of any other power of the court, make an order prohibiting for a time specified any dealing with that ship or any share therein, and may make the order on any terms or conditions it deems fit, or may refuse to make the order, or may discharge the order when made, and generally may do what it considers best in the interests of the justice of the case, and the prophet officer shall on being served with the order or an official copy thereof obey the same.

46. Mortgage of ship or share not to be registered in deeds registry

(1)Notwithstanding anything contained in the Deeds Registries Act, 1937 (Act No. 47 of 1937), or in any other law, but subject to the provisions of sub-section (2), a South African ship or a share in a South African ship shall not after the coming into operation of this section be mortgaged by bond registered in a deeds registry, and no bond so registered—
(a)before such coming into operation shall after the expiration of sixty days from such coming into operation; or
(b)after such coming into operation shall after its registration,
confer upon the mortgagee any preference as against other creditors.
(2)The mortgagee under any bond by which is hypothecated a South African ship or a share in a South African ship and which is registered in a deeds registry at the coming into operation of this section may produce to the proper officer at the ship’s port of registry within sixty days after such coming into operation or within such further period as the Secretary in the particular case may allow a copy of the duplicate original of the bond filed in the deeds registry certified by the registrar of deeds in charge of that registry. Thereupon the proper officer shall record the mortgage in the register, and thereafter the provisions of this Act relating to the mortgage of ships and shares in ships shall apply in respect of that mortgage: Provided that for the purposes of section forty-nine and paragraph (e) of section fifty-six the mortgage shall be deemed to have been registered in the register on the date on which and at the time at which the said bond was registered in the deeds registry.
(3)Whenever the proper officer records any mortgage in terms of sub-section (2) he shall send written notice thereof to the registrar of deeds in charge of the deeds registry in which the bond was registered. Upon receipt of such notice the registrar shall endorse upon the duplicate original of the bond filed in the deeds registry the fact that the mortgage has been so recorded.

47. How ship or share mortgaged

(1)A South African ship or share therein may be mortgaged as security for a Ioan or other debt, and the instrument creating the mortgage shall be called a deed of mortgage and shall be in the prescribed form. On the production of such instrument the proper officer at the ship’s port of registry shall record the mortgage in the register.
(2)Mortgages shall be recorded by the proper officer in the order in which the deeds creating them are produced to him, and he shall endorse on each deed that it has been so recorded, stating the date and time of that record.

48. Discharge of mortgage

If a registered mortgage is discharged the proper officer shall, on the production of the deed of mortgage, with a receipt for the mortgage money endorsed thereon, duly signed and attested, make an entry in the register to the effect that the mortgage has been discharged, and shall cancel the deed of mortgage.

49. Priority of mortgages

If there are more mortgages than one registered in respect of the same South African ship or share in a South African ship, the respective mortgagees claiming thereunder shall, notwithstanding any express, implied or constructive notice, but subject to the proviso to sub-section (2) of section forty-six, be entitled in priority, one before the other, according to the date and time at which each mortgage is recorded in the register, and not according to the date and time at which each deed of mortgage was executed.

50. Rights of mortgagee

(1)The mortgagee under a registered mortgage of a ship or a share in a ship shall be entitled to recover the amount due under the mortgage in any court of competent jurisdiction, and when giving judgment or thereafter the court may direct that the mortgaged ship or share be sold in execution of the judgment.
(2)Subject to the provisions of sub-section (1), the mortgagee under a registered mortgage of a ship or a share in a ship shall not merely by virtue of the mortgage be entitled to sell or otherwise dispose of the mortgaged ship or share.

51. Preference under mortgage not affected by insolvency

(1)The right of preference given to a mortgagee by a registered mortgage of a South African ship or a share in a South African ship shall not be affected by any act of insolvency committed by the mortgagor, or by the sequestration of the estate of the mortgagor after the date of the record of the mortgage.
(2)The provisions of sub-section (1) shall be subject to the provisions of sections twenty-six, twenty-seven, twenty-nine, thirty, thirty-one and eighty-eight, of the Insolvency Act, 1936 (Act No. 24 of 1936); and in the application of the said section eighty-eight to the mortgage of a ship or share the references in that section to the registrar of deeds and a mortgage bond shall be construed as references to the proper officer and a deed of mortgage, respectively.

52. Transfer of mortgage

(1)A registered mortgage of a South African ship or a share in a South African ship may be transferred to any person by deed of cession in the proscribed form, and on the production of such deed and the relative deed of mortgage, the proper officer shall record the transfer of the mortgage by entering in the register the name of the transferee as mortgagee of the ship or share, and shall endorse on the deeds of mortgage and cession that the transfer of the mortgage has been so recorded, stating the date and time of the record.
(2)The person to whom a registered mortgage of a ship or a share in a ship has been transferred shall enjoy the same right of preference as was enjoyed by the transferor.

53. Transmission of interest in mortgage by death, etc.

(1)Whenever the rights of the mortgagee under a deed of mortgage over a South African ship or a share in a South African ship are transmitted on marriage or death or by any other lawful means other than by a transfer under this Act to any person, that person shall execute a declaration in the prescribed form certifying that the transmission has taken place.
(2)The proper officer on the receipt of the declaration accompanied by documents similar to those required by section forty-two in the case of a corresponding transmission of the ownership of a ship or share, shall enter in the register as mortgagee the name of the person to whom the rights have been transmitted.

54. Authority to sell or mortgage outside Republic

(1)Upon written application by the registered owner of a South African ship who wishes to sell the ship, or the registered owner of a South African ship or a share therein who wishes to mortgage the ship or share, by a deed of sale or mortgage to be executed outside the Republic, the proper officer of the port of registry of the ship shall issue to him a certificate of sale or a certificate of mortgage.
(2)In any such application there shall be set forth, and the proper officer shall enter in the register, the following particulars:
(a)the name and address of the person by whom the sale or mortgage is to be entered into on behalf of the owner, and in the case of—
(i)a sale, the minimum price at which a sale is to be made, if it is intended to fix any such minimum; and
(ii)a mortgage, the maximum amount thereof, if it is intended to fix any such maximum;
(b)the place where the power is to be exercised, or if no place is specified, a declaration that it may be exercised anywhere, subject to the provisions of this Act;
(c)the limit of time within which the power may be exercised.
In the case of a certificate of mortgage, the proper officer shall also enter in the register the date and time of the entry.
(3)A certificate of sale or of mortgage shall not authorize any sale or mortgage to be made in the Republic or by any person not named in the certificate.
(4)A certificate of sale and a certificate of mortgage shall contain a statement of the particulars referred to in sub-section (2) and also a statement of any registered mortgages or certificates of sale or mortgage affecting the ship or share in respect of which the certificate is given.
(5)Any certificate of sale or certificate of mortgage issued under any law repealed by section one shall be deemed to have been issued under this Act.

55. Rules as to certificates of sale

The following rules shall be observed as to certificates of sale:
(a)a certificate of sale shall not be issued except for the sale of an entire ship;
(b)the power shall be exercised in conformity with the directions contained in the certificate;
(c)a sale made thereunder in good faith to a purchaser without notice shall not be impeached by reason of the person by whom the power was given dying before the execution of the deed of sale;
(d)whenever the certificate specifies the place at which, and the limit of time not exceeding twelve months within which, the power is to be exercised, a sale mads thereunder in good faith to a purchaser without notice shall not be impeached by reason of the fact that before the deed of sale was executed the estate of the person by whom the power was given was sequestrated as insolvent;
(e)a transfer made to a person qualified to be the owner of a South African ship shall be by a deed of sale in accordance with this Act;
(f)if the ship is sold—
(i)to a person who would, if the ship were not already registered in the Republic, be required, in terms of section thirteen, to apply for the ship to be so registered, the ship shall be registered anew; or
(ii)to a person who is qualified to be the owner of a South African ship, but who would, if the ship were not already registered in the Republic, not be required, in terms of section thirteen, to apply for the ship to be so registered, the ship may be registered anew;
[paragraph (f) substituted by section 13(a) of Act 30 of 1959]
(g)before registry anew there shall be produced to a proper officer the application for registry anew, the deed of sale by which the ship is transferred, the certificate of sale and the certificate of registry of the ship;[paragraph (g) amended by section 13(b) of Act 30 of 1959]
(h)if the proper officer to whom the documents referred to in paragraph (g) are produced, is the proper officer at the ship’s port of registry, he shall retain those documents, except the deed of sale, and register the ship anew;[paragraph (h) substituted by section 13(c) of Act 30 of 1959]
(hbis)if the proper officer to whom the documents referred to in paragraph (g) are produced, is not the proper officer at the ship’s port of registry, he shall retain those documents, except the deed of sale, and shall, after having endorsed on the certificate of sale and the certificate of registry an entry of the fact that a sale has taken place, forward those certificates and the application for registry anew to the proper officer at the ship’s port of registry;[paragraph (h)bis inserted by section 13(c) of Act 30 of 1959]
(hter)upon receipt by the proper officer at the ship’s port of registry of the certificates and application referred to in paragraph (h)bis he shall register the ship anew and transmit the new certificate of registry granted by him in terms of sub-section (1) of section thirty-five to the proper officer at any port at which the ship is or for which she is bound, for delivery to the master or owner of the ship;[paragraph (h)ter inserted by section 13(c) of Act 30 of 1959]
(i)on registry anew in terms of paragraph (h) or (h)ter the description of the ship contained in her former certificate of registry shall be entered in the register, without her being resurveyed, and the purchaser shall make a declaration of transfer in the prescribed form;[paragraph (i) amended by section 13(d) of Act 30 of 1959]
(j)if the ship is sold to a person not qualified to be the owner of a South African ship, or to such a person as is referred to in sub-paragraph (ii) of paragraph (f) who does not wish the ship to be registered anew, that person shall produce or cause to be produced to a proper officer the deed of sale by which the ship is transferred, the certificate of sale and the certificate of registry of the ship;[paragraph (j) substituted by section 13(e) of Act 30 of 1959]
(jbis)if the proper officer to whom the documents referred to in paragraph (j) are produced, is the proper officer at the ship’s port of registry, he shall retain the certificate of sale and the certificate of registry;[paragraph (j)bis inserted by section 13(e) of Act 30 of 1959]
(jter)if the proper officer to whom the documents referred to in paragraph (j) are produced, is not the proper officer at the ship’s port of registry, he shall retain the certificate of sale and the certificate of registry and shall, after having endorsed thereon an entry of the fact that the ship has been sold to a person not qualified to be the owner of a South African ship, or, as the case may be, to such a person as is referred to in-sub-paragraph (ii) of paragraph (f) who does not wish the ship to be registered anew, forward them to the proper officer at the ship’s port of registry;[paragraph (jter) inserted by section 13(e) of Act 30 of 1959]
(jquat)any proper officer who has retained the certificate of sale and the certificate of registry of any ship in terms of paragraph (j)bis and any proper officer to whom such certificates have been forwarded in terms of paragraph (j)ter shall make a memorandum of the sale in his register, and the registry of the ship in that register shall be considered as closed, except so far as relates to any unsatisfied mortgage or existing certificate of mortgage entered therein. The provisions of sub-section (3) of section twenty-nine shall apply in respect of such mortgage or certificate of mortgage;[paragraph (j)quat inserted by section 13(e) of Act 30 of 1959]
(k)if on a sale being made to a person referred to in paragraph (j) the certificates mentioned in that paragraph are not produced as required by that paragraph that person shall be considered not to have acquired any title to or interest in the ship;[paragraph (k) substituted by section 13(f) of Act 30 of 1959]
(l)if no sale is made in conformity with the directions contained in the certificate of sale, the proper officer by whom it was issued shall, on delivery of the certificate to him, cancel the certificate and enter the fact of its cancellation in the register.

56. Rules as to certificates of mortgage

The following rules shall be observed as to certificates of mortgage:
(a)the power shall be exercised in conformity with the directions contained in the certificate;
(b)every mortgage made thereunder shall be registered by the endorsement of a record of the registration on the certificate by a proper officer who shall therein state the date and time of that record;
(c)a mortgage made thereunder in good faith to a mortgagee without notice shall not be impeached by reason of the person by whom the power was given dying before the execution of the deed of mortgage;
(d)whenever the certificate specifies the place at which, and the limit of time not exceeding twelve months within which, the power is to be exercised, a mortgage made thereunder in good faith to a mortgagee without notice shall not be impeached by reason of the fact that before the deed of mortgage was executed the estate of the person by whom the power was given was sequestrated as insolvent;
(e)every mortgage so registered by being recorded on the certificate shall have priority over all mortgages of the same ship or share recorded in the register subsequently to the entry of the certificate in the register; and if there are more mortgages than one so registered, the respective mortgagees claiming thereunder shall, notwithstanding any express, implied or constructive notice, but subject to the proviso to sub-section (2) of section forty-six, be entitled in priority one before the other, according to the date and time, at which each mortgage is recorded on the certificate and not according to the date and time at which each deed of mortgage was executed;
(f)subject to the foregoing rules, every mortgagee whose mortgage is registered by being recorded on the certificate shall have the same rights and be subject to the same liabilities as he would have had and been subject to if his mortgage had been recorded in the register instead of on the certificate;
(g)the discharge of any mortgage registered by being recorded on the certificate may be endorsed on the certificate by any proper officer on the production of the documents which are by section forty-eight required to be produced to the proper officer on the discharge of a mortgage in the register;
(h)on the delivery of any certificate of mortgage to the proper officer by whom it was issued, he shall record in the register, in such manner as to preserve its priority, any undischarged mortgage registered by being recorded thereon and cancel the certificate and enter the fact of the cancellation in the register.

57. Loss of certificate of mortgage or sale

On proof at any time to the satisfaction of the Secretary that a certificate of sale or mortgage has been lost or destroyed or so damaged as to be useless, and that the powers thereby given have never been exercised, or if they have been exercised, then on proof of the several matters and things that have been done thereunder, the proper officer may, if authorized thereto by the Secretary, either issue a new certificate, or direct such entries to be made in the register or such other things to be done as might have been made or done if the loss, destruction or damage had not taken place.

58. Revocation of certificate of mortgage or sale

(1)The registered owner of a South African ship or a share therein in respect of which a certificate of sale or mortgage has been issued, specifying the places where the power thereby given is to be exercised, may, by an instrument under his hand, authorize the proper officer by whom the certificate was issued, to give notice to the proper officer at every such place that the certificate is revoked.
(2)Notice shall thereupon be given accordingly and shall be recorded by the proper officer receiving it, and after it is recorded the certificate shall be deemed to be revoked and of no effect in respect of any sale or mortgage to be thereafter made at that place.
(3)The notice after it, has been recorded shall be exhibited to every person applying for the purpose of effecting or obtaining a transfer or mortgage under the certificate.
(4)A proper officer on recording any such notice shall inform the proper officer by whom the certificate was issued whether any previous exercise of the power to which such certificate refers has taken place.

59. Access to register

Any person may upon payment of the prescribed fee have access to the register at any port of registry at any reasonable time during the hours of official attendance of the proper officer.

60. Provision for cases of minority or other incapacity

If by reason of minority, mental disorder or defect or any other cause any person interested in a South African ship or a share therein is incapable of making any declaration or doing any act required or permitted by this Act to be made or done in connection with the registry of the ship or share, the legal guardian or curator bonis of that person, or, if there is no such guardian or curator bonis, any person appointed, on application made on behalf of the incapable person or of any other person interested, by the master of the superior court within whose area of jurisdiction the incapable or, other interested person is domiciled may make such declaration or a declaration as nearly corresponding thereto as circumstances permit, and do such act in the name and on behalf of the incapable person.

61. Right of registered owner to dispose of ship or share

No record of any interest in a ship or a share in a ship, other than by way of ownership or mortgage, shall be made in the register, and subject to any rights recorded in the register as being vested in any other person under mortgage or under certificate of sale or mortgage, the registered owner of a ship or share therein shall have the right absolutely to dispose of the ship or share.

62. Rights and liabilities of person holding an interest in a ship or share

(1)Subject to the provisions of this Act, any interest in a ship or share therein arising out of any contract, testamentary disposition or otherwise may be enforced by or against an owner or a mortgagee of the ship or share in respect of his interest therein in the same manner as in respect of any other movable property.
(2)Any person who holds any interest (otherwise than by way of mortgage) in a ship or share therein, arising under any contract, testamentary disposition or otherwise, shall be subject to all pecuniary penalties imposed by this or any other Act on the owners of ships or shares therein, and proceedings may be taken for the enforcement of any such penalties against both the person holding any such interest and the registered owner, or either of them, jointly or jointly and severally.

63. National character of ship to be declared before clearance

(1)An officer of customs shall not grant a clearance for any ship until the master of the ship has declared to that officer the name of the country to which he claims the ship belongs, and that officer shall thereupon inscribe that name on the clearance.
(2)If a ship attempts to proceed to sea without such clearance, it may be detained by the officer of customs until the declaration is made.

64. Ships recognized as ships of South African nationality

The following classes of ships shall be recognized as ships of South African nationality, to wit:
(a)any ship registered under this Act;
(b)any ship which in terms of section fourteen or sub-section (2) of section thirty is deemed to be registered under this Act;
(c)any ship licensed under this Act;
(d)any ship (other than a ship referred to in paragraph (a), (b) or (c)) which is owned by the Government of the Republic; and[paragraph (d) amended by section 8 of Act 40 of 1963]
(e)any pleasure yacht of less than twenty-five gross tons—
(i)the whole of which is owned by persons all of whom in terms of section eleven are qualified to own a South African ship; and
(ii)the majority of the owners of which, either in number or extent of ownership, are persons resident in the Republic.

65. Flag to be flown on ships of South African nationality

(1)The National Flag of the Republic is hereby declared to be the national colours for all ships registered in the Republic.
(2)The master of a ship of South African nationality, shall cause the National Flag of the Republic to be hoisted—
(a)on a signal being made to the ship by any ship in the naval service of the Republic or of any other treaty country; and[paragraph (a) amended by section 36 of Act 69 of 1962]
(b)on entering or leaving any port other than a port in the Republic; and[paragraph (b) amended by section 9 of Act 40 of 1963]
(c)if the ship is of fifty or more gross register tons, on entering or leaving any port in the Republic.[paragraph (c) amended by section 9 of Act 40 of 1963]
(3)No person on board a ship of South African nationality shall hoist any distinctive national colours (except the National Flag of the Republic) or any colours usually worn by ships in the naval service of the Republic or of any other treaty country, or colours resembling those colours, or any pennant usually carried by ships in any such naval service, or any pennant resembling such pennant, and the master of the ship, and the owner thereof if on board, shall not permit any hoisting of any colours or any pennant in contravention of this sub-section.[subsection (3) amended by section 36 of Act 69 of 1962]

66. Unlawful assumption of South African national character

No person on board a ship not of South African nationality shall, wherever the ship may be, for the purpose of making the ship appear to be a ship of South African nationality use or permit the use of the National Flag of the Republic or cause or permit the ship to assume the national character of the Republic.

67. Concealment of South African national character

The owner or master of a ship of South African nationality shall not knowingly or wilfully do or permit anything to be done, or carry or permit to be carried on board that ship any papers or documents with intent to conceal the national character of the ship or with intent that a non-South African national character be assumed for the ship.

68. Small vessels to be licensed

(1)The owner or master—
(a)of a vessel which—
(i)is of less than twenty-five gross tons; and
(ii)is not registered as a ship in the Republic or elsewhere; and
(iii)is employed or owned for the purpose of fishing or carrying persons or goods of any kind for financial gain or reward; and[subparagraph (iii) substituted by section 3(a) of Act 13 of 1965]
(iv)operates at or from a port in or from anywhere else on the coast of the Republic; or[subparagraph (iv) substituted by section 3(a) of Act 13 of 1965]
(b)of a ship which has been exempted under the provisions of sub-section (3) of section thirteen,
shall—
1.in the case of a vessel referred to in paragraph (a), within one month from the date of her being employed or acquired or built for the said purpose; or
2.in the case of a vessel referred to in paragraph (b), within one month from the date of her being exempted as aforesaid, apply to the nearest proper officer in the Republic for a licence in terms of this Act.
(2)An application for a licence in terms of sub-section (1) shall be made in the prescribed form and the owner or master shall produce to the proper officer a local general safety certificate and, where applicable, a local safety exemption certificate.[subsection (2) substituted by section 3(b) of Act 13 of 1965]
(3)The provisions of this section shall not apply in respect of any vessel unless the whole of the vessel is owned—
(a)by the Government of the Republic; or[paragraph (a) amended by section 10 of Act 40 of 1963]
(b)by persons all of whom in terms of section eleven are qualified to own a South African ship; and
(i)a majority of the owners of the vessel, either in number or extent of ownership, are persons resident in the Republic or corporate bodies having their principal place of business within the Republic; or
(ii)the vessel is, as to her management and use, principally controlled in the Republic.

69. Renewal of licences

(1)The owner or master of any vessel which in terms of section sixty-eight is required to be licensed, and in respect of which a licence has been issued, shall before or at the expiration of the period for which the licence was issued or renewed apply to the proper officer by whose office the licence was issued for a renewal thereof.
(2)The provisions of sub-section (2) of section sixty-eight shall apply, mutatis mutandis, to any application for the renewal of a licence.

70. Issue and duration of licences

A licence issued upon an application made under section sixty-eight or sixty-nine shall be in the prescribed form and shall be issued for one year under such conditions as may be prescribed.

71. Cancellation of licences

(1)If the proper officer is satisfied that a licence issued under this Act was obtained fraudulently or on wrong information he may cancel the licence.
(2)If by reason of the contents of a report by a surveyor, or for any other reason, a proper officer is satisfied that—
(a)material alterations which affect the seaworthiness of a vessel which has been licensed under this Act have taken place since the licence was issued; or
(b)the life-saving appliances have not been maintained on such vessel in an effective condition; or
(c)the master of such a vessel is not a fit and proper person to operate the vessel,
he may cause the vessel to be detained and direct that the deficiency or other cause for the detention of the vessel be remedied; and if after due notice the directions of the proper officer are not complied with, the licence shall be cancelled.

72. Unlicensed vessels not to be used

No person shall use a vessel which in terms of section sixty-eight is required to be licensed, for any purpose whatsoever, unless the owner or master of the vessel holds a valid and current licence issued in respect thereof.

Chapter III
Certificates of competency and service

73. What certificated officers and other persons to be employed on certain ships

(1)Subject to the provisions of this section, the owner and the master of every—
(a)South African ship going to sea from any port whatsoever; or
(b)ship (other than a South African ship) embarking passengers at, and going to sea from, any port in the Republic,[paragraph (b) amended by section 11(a) of Act 40 of 1963]
shall, if the ship is of twenty-five or more gross register tons, and is of the class shown in Column 2 of any item in the Table hereunder and of the tonnage or horse-power shown in Column 3 of that item, ensure that there are employed on board that ship in their appropriate capacities the number of officers or other persons, duly certificated or deemed to be certificated under this Act, as shown in Columns 4 and 5 of that item:
Column 1Column 2Column 3Column 4Column 5
Item No.Class of shipGross register tonnage or horse-powerNumbers of officers or other persons to be employedCertificates to be held by persons shown in Column 4, and paragraphs of sub-section (1) of section seventy-five by which grant of certificates is authorized
1Foreign-going shipAnyOneMaster: para. (a).
OneChief navigating officer: para. (b).
OneSecond navigating officer: para. (c).
2Coasting ship100 or more tonsOneMaster: para. (d).
OneNavigating officer: para. (e).
3Fishing, sealing or shore-based whaling boat100 or more tonsOneSkipper: para. (f).
OneMate: para. (g).
OneBoatswain: para (h)
4Coasting ship or fishing, sealing or shore-based whaling boat50 or more but less than 100 tonsOneSkipper: para. (i).
OneMate: para. (j).
5Coasting ship or sealing or shore-based whaling boatLess than 50 tonsOneSkipper: para. (i).
OneMate: para.(j).
6Fishing BoatLess than 50 tonsOneMate: para. (j).
7Foreign-going ship, other than a whaling boat1,000 or more horsepowerOneChief engineer officer: para. (k).
OneSecond engineer officer: para. (l)
8Coasting ship1,500 or more horsepowerOneChief engineer officer: para. (k)bis.
[item 8 amended by section 11(b) of Act 40 of 1963]
9Whaling boat, other than a shore-based whaling boat1,000 or more horsepowerOneChief engineer officer: para. (k).
10Coasting shipLess than 1,500 horsepowerOneSecond engineer officer: para. (l)bis.
[item 10 amended by section 11(c) of Act 40 of 1963]
11Foreign going ship, other than a whaling boatLess than 1,000 horsepowerOneSecond engineer officer: para. (l).
12Whaling boat, other than a shore-based whaling boatLess than 1,000 horsepowerOneSecond engineer officer: para. (l).
13Power-driven fishing sealing or shore based whaling boatsMore than 300 horsepowerOneMarine engineman: para. (m).
OneAssistant marine engineman (n).
14Power-driven fishing, sealing or shore-based whaling boat300 or less horsepowerOneAssistant marine engineers para. (n).
[subsection (1) amended by section 15(a) of Act 30 of 1959]
(2)The Minister may by notice in the Gazette require that more or more highly certificated officers or other persons than are prescribed by sub-section (1) shall be employed on board any class of ships of any tonnage or horse-power specified in that notice; and after the publication of any such notice the owner of any ship to which it applies shall ensure that there are employed on board that ship the number of officers or other persons prescribed by that notice, duly certificated or deemed to be certificated under this Act.
(3)Whenever the Minister is satisfied from a report by a surveyor that it would be unreasonable to require the owner of a ship built before the coming into operation of this section to provide the accommodation on board that ship necessary to accommodate the numbers of officers or other persons required to be employed in terms of sub-section (1), or in terms of a notice issued under sub-section (2), he may vary the requirements of sub-section (1) or of that notice in respect of that ship as he deems fit.
(4)The owner of every treaty ship (other than a ship embarking passengers at a port in the Republic) going to sea from any port in the Republic shall ensure that there are employed on board that ship in their appropriate capacities a master and so many ships’ officers holding certificates of such grades as, by the relative laws in force in the treaty country in which the ship is registered, she is required to carry when going to sea from a port in treaty country.[subsection (4) amended by section 37 of Act 69 of 1962 and by section 11(d) of Act 40 of 1963]
(5)No person who has been engaged for the purpose of sub-section (1) or (2) as master or ship’s officer shall go to sea as such unless he is duly certificated, or deemed to be so certificated, in terms of this Act.
(6)No person shall for the purpose of sub-section (1) or (2) employ a master or ship’s officer as such without first ascertaining that he is duly certificated, or deemed to be so certificated, in terms of this Act.
(7)[subsection (7) deleted by section 15(b) of Act 30 of 1959]
(8)This section shall not apply in respect of any vessel belonging to the Railway Administration and used by that Administration in connection with the working of its harbours, if that vessel goes to sea in an emergency.

74. When ship’s officers and other persons deemed to be duly certificated

(1)Subject to the provisions of section eighty-three, eighty-four and three hundred and fifty-four, a master or ship’s officer shall not be deemed to be duly certificated as such for the purpose of this Act unless he is the holder for the time being of a valid certificate of competency or certificate of service, issued in terms of this Act, of a grade appropriate to the ship in which he is employed and to his station in the ship, or of a higher grade:Provided that a citizen of a foreign country who holds a certificate of competency issued in terms of this Act shall not be deemed to be duly certificated for employment on board a treaty ship, except in such cases and on such conditions as the Minister may, by notice in the Gazette, specify.[subsection (1) amended by section 38 of Act 69 of 1962]
(2)Whenever the question arises whether any certificate is of a higher grade than any other certificate, that question shall be determined by the Secretary, in accordance with the regulations relative thereto, if any trades of certificates of competency.

75. Grades of certificate of competency

(1)Certificates of competency may be granted for each of the following grades:
(a)master of a foreign-going ship;
(b)chief navigating officer of a foreign-going ship;
(c)second navigating officer of a foreign-going ship;
(d)master of a coasting ship of one hundred or more gross register tons;
(e)navigating officer of a coasting ship of one hundred or more gross register tons;
(f)skipper of a fishing, sealing or shore-based whaling boat of one hundred or more gross register tons;
(g)mate of a fishing, sealing or shore-based whaling boat of one hundred or more gross register tons;
(h)boatswain of a fishing, sealing or shore-based whaling boat of one hundred or more gross register tons;
(i)skipper of a coasting ship or a fishing, sealing or shore-based whaling boat of less than one hundred gross register tons;
(j)mate of a coasting ship or a fishing, sealing or shore-based whaling boat of less than one hundred gross register tons;
(k)chief engineer-officer of a foreign-going ship;[paragraph (k) substituted by section 12 of Act 40 of 1963]
(k)bisis chief engineer-officer of a coasting ship;[paragraph (k)bis inserted by section 12 of Act 40 of 1963]
(l)second engineer-officer of a foreign-going ship;[paragraph (l) substituted by section 12 of Act 40 of 1963]
(l)bissecond engineer-officer of a coasting ship;[paragraph (l)bis inserted by section 12 of Act 40 of 1963]
(m)marine engineman;
(n)assistant marine engineman.
(2)A certificate of competency granted for the grade of chief or second engineer-officer, marine engineman or assistant marine engineman shall state whether it entitles the holder to act as engineer-officer or marine engineman in ships fitted with steam engines or in ships fitted with internal combustion engines or in ships fitted with any other type of engines, and the holder shall not be entitled to act as engineer-officer or marine engineman in a ship fitted with a type of engines not stated in the certificate.
(3)Certificates testifying to the competency of the holders to act in grades or capacities other than those referred to in sub-section (1) may be issued in accordance with the regulations.

76. Provision for instruction

The Secretary may make provision for the instruction of persons who wish to obtain certificates of competency under this Act by examination.

77. Examinations for certificates of competency

(1)Examinations of applicants for certificates of competency under this Act shall be held in such places in the Republic and at such times as the Minister may determine and under such conditions as may be prescribed by regulation.
(2)No person shall be admitted to examination for a certificate of competency unless he produces proof that he is a South African citizen or a citizen of a treaty country (other than the Republic) and possesses the qualifications prescribed by regulation: Provided that the Minister may, in his discretion and subject to any conditions which he may impose, admit to such examination a person who is a citizen of any other country if he possesses either the qualifications prescribed by regulation or qualifications which are in the opinion of the Minister of a standard not lower than those so prescribed.[subsection (2) amended by section 39 of Act 69 of 1962 and substituted by section 4(a) of Act 13 of 1965]
(3)[subsection 3 deleted by section 4(b) of Act 13 of 1965]
(4)The Minister may appoint examiners for the conduct of such examinations, and remove any examiner so appointed.

78. Granting of certificates of competency after examination under this Act

(1)Subject to the provisions of sub-section (2), the Minister may grant a certificate of competency to every applicant who passes the examination prescribed for the certificate satisfactorily, and produces satisfactory evidence that he possesses the qualifications prescribed for the holder of the certificate and of his sobriety, experience, ability, physical fitness and general good conduct.
(2)The Minister may, at any time before the delivery of a certificate, require a re-examination of the applicant by the examiners who made the examination or by any other examiners, and order a further enquiry into his testimonials or character or both, and if not satisfied with the result may order that a certificate be not granted to him.

79. Granting of certificates of competency otherwise than after examination under this Act

(1)Any person who—
(a)is a South African citizen or a citizen of a treaty country (other than the Republic) and is the holder of an uncancelled certificate of competency issued under the Merchant Shipping (Certificates of Competency) Act, 1925 (Act No. 45 of 1925); or
(b)is a South African citizen and is the holder of an uncancelled certificate of competency issued by a competent authority of a country other than the Republic,[paragraph (b) amended by section 13 of Act 40 of 1963]
may apply to the Minister for the grant to him of a certificate of competency under this Act.[subsection (1) substituted by section 40 of Act 69 of 1962]
(2)The Minister may grant to the applicant an appropriate certificate of competency which, in the opinion of the Minister, testifies to the possession by the holder thereof of qualifications and a degree of competency not higher than those to which the certificate, upon the possession of which the application is based, testifies: Provided that before the grant is made the Minister may require the last-mentioned certificate to be surrended to him.[subsection (2) substituted by section 5 of Act 13 of 1965]
(3)After the expiration of the period of one year from the date on which this section comes into operation sub-sections (1) and (2) shall no longer apply in respect of certificates of only mate of a foreign-going ship, master of a home-trade ship and mate of a home-trade ship granted under the Merchant Shipping (Certificates of Competency) Act, 1925.

80. Granting of certificates of service

(1)Any person who—
(a)Immediately before the repeal by this Act of the Merchant Shipping (Certificates of Competency) Act, 1925 (Act No. 45 of 1925), was entitled, in terms of the proviso to sub-section (3) of section one of that Act, to act as master, mate or engineer; or
(b)is the holder of an uncancelled certificate of service granted under section fifteen of the said Merchant Shipping (Certificates of Competency) Act, 1925; or
(c)at any time before the coming into operation of this section has for a continuous period of not less than one year, or within three years before the said coming into operation has for two or more periods amounting in the aggregate to not less than one year,—
(i)acted as boatswain or as assistant to the engineer or driver of a fishing boat of one hundred or more gross register tons registered in the Republic or, except in the case of a foreign ship, licensed under the Sea Fisheries Act, 1940 (Act No. 10 of 1940), or the Sealing and Fisheries Ordinance, 1949 (Ordinance No. 12 of 1949), of the Territory of SouthWest Africa; or[subparagraph (i) amended by section 14(1) of Act 40 of 1963]
(ii)acted as master, skipper, mate, second hand, engineer or driver or as assistant to the engineer or driver of a coasting ship or a fishing, sealing or whaling boat of less than one hundred gross register tons registered in the Republic or, except in the case of a foreign ship, licensed under the Sea Fisheries Act, 1940 (Act No. 10 of 1940), or the Sealing and Fisheries Ordinance, 1949 (Ordinance No. 12 of 1949), of the Territory of SouthWest Africa,[subparagraph (ii) amended by section 14(1) of Act 40 of 1963]
may apply to the Secretary for a certificate of service.
(2)The Secretary may grant to the applicant—
(a)if the application is made under paragraph (a) of sub-section (1), an appropriate certificate of service authorizing him to act as master, navigating officer or engineer-officer, as the case may be, of a ship of not more than one thousand gross register tons (in the case of a master or navigating officer) or of not more than one thousand indicated horse-power (in the case of an engineer-officer); or
(b)if the application is made under paragraph (b) of sub-section (1), an appropriate certificate of service authorizing him to act as skipper, mate or marine engineman, as the case may be, of a fishing boat; or
(c)if the application is made—
(i)under paragraph (c)(i) of sub-section (1), an appropriate certificate of service authorizing him to act as boatswain or assistant marine engineman, as the case may be, of a fishing boat; or
(ii)under paragraph (c)(ii) of sub-section (1), an appropriate certificate of service authorizing him to act as skipper, mate, engineer-officer or assistant marine engineman, as the case may be, of a coasting ship or a fishing, sealing or whaling boat, as the case may be, of less than one hundred gross register tons, and the capacity in which he is so authorized to act shall not be higher than the lowest capacity in which he acted during the period or periods in respect of which his claim is based.
(3)Before a certificate of service is granted there shall be surrendered to the Secretary—
(a)if the application is made under paragraph (a) of sub-section (1), and by virtue of the possession of such a certificate as is referred to in the proviso mentioned in that paragraph, that certificate; or
(b)if the application is made under paragraph (b) of sub-section (1), the certificate upon the possession of which the application is based.
(4)In the case of an application under paragraph (c) of sub-section (1), the grant of a certificate of service may be withheld until the applicant has passed the colour and form vision tests prescribed.
(5)Sub-sections (1) and (2) shall apply in respect of certificates of service referred to in paragraph (b) of sub-section (1) during the period of one year after the coming into operation of this section and no longer.
(6)[subsection (6) deleted by section 16 of Act 30 of 1959]
(7)A certificate of service granted in terms of this section shall, for the purposes of this Act, and to the extent indicated in such certificate of service, be deemed to be a certificate of competency.

81. Form and record of certificates of competency or service

(1)All certificates of competency or service shall be made in the prescribed form.[subsection (1) amended by section 15 of Act 40 of 1963]
(2)A record of certificates of competency or service granted and of the suspension, cancellation or alteration thereof and of any other matter affecting them shall be kept in such manner as the Secretary may direct.
(3)Any such certificate and any record kept n terms of sub-section (2) shall be admissible in evidence.

82. Loss of certificates of competency or service

If any person proves to the satisfaction of the Secretary that he has lost or been deprived of a valid certificate of competency or service granted him under this Act or the Merchant Shipping (Certificates of Competency) Act, 1925 (Act No. 45 of 1925), the Secretary may, upon payment of such fee as may be prescribed, issue to that person a certified copy of the said certificate, and such copy shall be regarded as having the same force and effect as the original.

83. Certificates granted by competent foreign authorities

(1)The master and every officer on board a foreign ship who has received a certificate of competency granted by a competent authority of a foreign country and still in force shall, if the Minister is satisfied that the certificate is of corresponding value to any certificate of competency granted under this Act or the Merchant Shipping (Certificates of Competency) Act, 1925 (Act No. 45 of 1925), be deemed to be duly certificated under this Act in respect of such ship, provided his certificate is of a grade appropriate to his station in such ship, or of a higher grade.
(2)Notwithstanding the provisions of section seventy-three the Minister may, in his discretion, and for such periods and under such conditions as he may specify, permit the engagement on a South African ship going to sea from any port whatsoever or on a treaty ship other than a South African ship going to sea from a port in the Republic, in lieu of a person duly certificated under this Act or deemed, in terms of the other provisions of this Act, to be so certificated, of a person who is the holder of such a certificate of competency as is referred to in sub-section (1), and who possesses a knowledge of either of the official languages of the Republic sufficient to enable him to give the necessary orders in the performance of his duties; and while any such permission remains in force, and if the conditions under which it was granted are complied with, the person so engaged shall be deemed to be duly certificated under this Act in respect of such ship, provided his certificate is of a grade appropriate to his station in such ship, or of a higher grade.[subsection (2) amended by section 41 of Act 69 of 1962 and by section 16 of Act 40 of 1963]

84. Certificates granted in Republic prior to commencement of Act

(1)All uncancelled certificates of competency or service issued under the Merchant Shipping (Certificates of Competency) Act, 1925 (Act No. 45 of 1925), shall continue in force as if issued under this Act, but shall be valid only for the purpose for which, and the extent to which, they would have been valid in accordance with the provisions of the aforementioned Act:Provided that such certificates of competency held by citizens of a foreign country shall not continue in force for purposes of employment of the holders on board a treaty ship, except in such cases and on such conditions as the Minister may, by notice in the Gazette, specify.[subsection (1) amended by section 42 of Act 69 of 1962]
(2)Any such certificate may be dealt with as if issued under this Act.
(3)Sub-section (1) shall apply to the certificates of competency mentioned in sub-section (3) of section seventy-nine and to the certificates of service referred to in paragraph (b) of sub-section (1) of section eighty during the period of one year after the coming into operation of this section and no longer.

85. Minister may vary requirements as to certificates

Notwithstanding the provisions of section seventy-three the Minister may, in his discretion and for such periods and under such conditions as he may specify if he is satisfied that no suitable holder of a certificate of the required grade and granted under this Act or referred to in section eighty-three or eighty-four or recognized under section three hundred and fifty-four is available, permit a South African ship to go to sea from any port whatsoever or a ship other than a South African ship to go to sea from a port in the Republic without the prescribed number of certificated officers or other persons, and while any such permission remains in force any person who acts in terms thereof shall not, if the conditions under which it was granted are complied with, be deemed to have contravened the provisions of section seventy-three.[section 85 amended by section 17 of Act 40 of 1963]

86. Production to proper officer of certificates

(1)The master of a South African ship, on entering into the agreement with the crew before a proper officer, shall produce to that officer the certificates of competency which the master, officers and other persons are by this Act required to hold, and in the case of a running agreement (as defined by paragraph (f) of section one hundred and three) shall also, before the second and every subsequent voyage, produce to the proper officer the certificate of competency of any officer or other person then first engaged by him who is required by this Act to hold a certificate.
(2)The master—
(a)