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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

188. List of crew

 

(1) The master of a foreign-going South African ship who has entered into an agreement with the crew of the ship, and the master or the owner of a coasting ship or a fishing, sealing or shore-based whaling boat registered in the Republic who has entered into an agreement with the crew of the ship, shall, upon the discharge of the crew, whether within or outside the Republic, make out and sign a list (in this Act referred to as the list of the crew) which may be combined in one document with the agreement with the crew, in the prescribed form, containing the following particulars:
(i) the number and date of the ship's register, and her register tonnage;
(ii) the length and general nature of the voyage or employment;
(iii) the names, ages, and places of birth of all the crew, including the master; their ratings on board, their last ships or other employments and the dates and places of their joining the ship; and

[Section 188(1)(iii) substituted by section 22 of Act No. 12 of 2015]

(iv) the names of any of the crew who have ceased to belong to the ship, with the times, places, causes and circumstances thereof.

[Section 188(1) substituted by section 25 of Act No. 30 of 1959]

 

(2) The list of the crew shall be delivered to the proper officer—
(a) in the case of a foreign-going ship, by the master, within forty-eight hours after the ship's arrival at her final port of destination for the voyage, or, if the agreement entered into with the crew was a running agreement, within forty-eight hours after her arrival at her final port of destination for the last voyage over which the agreement extends, or upon the discharge of the crew, whichever event first occurs; and
(b) in the case of a coasting ship or a fishing, sealing or shore-based whaling boat, by the master or the owner, as the case may be, who entered into the agreement with crew, within twenty-one days after the expiry of the agreement,

and the proper officer shall give to the master or owner from whom he has received the list a certificate of such delivery and any such ship may be detained until the certificate is produced.

[Section 188(2) substituted by section 25 of Act No. 30 of 1959]

 

(3) If a South African ship is lost or abandoned, the master or owner thereof shall, if practicable, and as soon as possible, deliver or transmit to the proper officer at the port to which the ship belonged the list of the crew, duly made out to the time of the loss or abandonment.