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

Chapter IV : Engagement, Discharge, Repatriation, Payment, Discipline and General Treatment of Seafarers and Cadets

154. Relief and maintenance of distressed seafarer

[Section 154 heading substituted by section 29(i) of Act No. 12 of 2015]

 

(1) In this section and in section one hundred and fifty-five—
(a) "distressed seafarer" includes any master, seafarer—

[Section 154(1)(a) substituted by section 29(d & i) of Act No. 12 of 2015]

(i) who is a South African citizen and who by reason of having been discharged or left behind from or shipwrecked in any ship other than a South African ship at a place outside the Republic, is in distress at that place; or
(ii) whether he is a South African citizen or not, who, by reason of having been discharged or left behind from or shipwrecked in any South African ship at a place outside the Republic, is in distress at that place;
(b) "repatriation expenses" means expenses incurred in returning a distressed seafarer to a proper return port and in providing him with necessary clothing and maintenance until his arrival at such port and includes, in the case of a shipwrecked seafarer, the repayment of expenses incurred in conveying him to port  after shipwreck and maintaining him while being so conveyed; and

[Section 154(1)(b) substituted by section 29(i) of Act No. 12 of 2015]

(c) "excepted expenses" means repatriation expenses incurred in cases where the cause of the seafarer's being left behind is desertion or absence without leave or imprisonment for misconduct or discharge from his ship by a maritime court on the ground of misconduct.

[Section 154(1)(c) substituted by section 29(i) of Act No. 12 of 2015]

 

(2) The proper officer shall on application being made to him by a distressed seafarer, provide in terms of the regulations for the return of that seafarer to a proper return port, and also for the said seafarer's necessary clothing and maintenance until his arrival at such port.

[Section 154(2) substituted by section 29(i) of Act No. 12 of 2015]

 

(3) A distressed seafarer shall not have any right to be maintained or sent to a proper return port except to the extent and on the conditions provided for in the regulations.

[Section 154(3) substituted by section 29(i) of Act No. 12 of 2015]

 

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

[Section 154(4) substituted by section 29(i) of Act No. 12 of 2015]

 

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

[Section 154(5) substituted by section 29(i) of Act No. 12 of 2015]

 

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

[Section 154(6) substituted by section 29(i) of Act No. 12 of 2015]

 

(7) In any proceedings for the recovery of any expenses which in terms of subsection (4) or (5) are a debt due to the State the production of an account of the expenses and proof of payment thereof by or on behalf of or under the direction of the Authority shall be prima facie evidence that the expenses were incurred or repaid in accordance with the provisions of this Act by or on behalf of the State.