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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

158A. Provision of complaints procedure on board ship

 

(1) A master or owner of a South African ship shall draw up and keep on board a complaints procedure, not in conflict with the provisions of this Act, and shall make such complaints procedure available to all seafarers.

 

(2) If a seafarer of a South African ship considers that his or her rights in terms of the Maritime Labour Convention have been breached, he or she may lodge a complaint with the master.

 

(3) Upon receiving a complaint from a seafarer made in terms of subsection (2), the master shall—
(a) record the complaint in the official log-book;
(b) investigate the complaint or cause it to be investigated;
(c) attempt to resolve the complaint within 24 hours; and
(d) record his or her findings and any action taken in the official log-book. (4) If the situation remains unresolved or if the breach of the seafarer’s rights is still considered to exist, he or she may lodge a complaint with the Authority, who will adjudicate the complaint.

 

[Section 158A inserted by section 18 of Act No. 12 of 2015]