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

Chapter VI : Special Shipping Enquiries and Courts of Enquiry and Courts of Survey

Purchase

(1)	The Authority may in its discretion appoint any competent person to hold a preliminary enquiry—

(a)	in the case of a ship which is registered or licensed in the Republic or which is in terms of this Act required to be so licensed, whenever—

(i)	an allegation of incompetency or misconduct is made against the owner, the master or any member of the crew of such ship; or

(ii)

(aa)	such ship has been lost, abandoned or stranded;

(bb)	an accident has occurred on board such ship or such ship has been damaged or has caused damage to any other ship; or

(cc)	loss of life or serious injury to any person on board such ship has occurred;

at any place whatsoever;

[Section 264(1)(a) substituted by item 20 (Schedule 2) of Act No. 58 of 1998]

(b)	in the case of a ship registered or required to be so registered in a country other than the Republic, whenever, in a port of or within the territorial waters of the Republic, any event referred to in paragraph (a)(ii) has occurred;

(c)	in the case of any ship, wherever registered or required to be so registered, whenever an allegation referred to in paragraph (a)(i) is made against an employer or any person on board the ship while such ship is in a port of or within the territorial waters of the Republic;

(d)	in the case of a ship registered in a foreign country, whenever any event referred to in paragraph (a)(ii) has occurred elsewhere than in a port of or within the territorial waters of the Republic, and—

(i)	such ship subsequently arrives at a port in the Republic and an enquiry into the casualty has not been held by any competent court or other investigatory body in any other treaty country; or

(ii)	in the case of a treaty ship, evidence is obtainable in the Republic as to the circumstances in which such ship proceeded to sea, or was last heard of, or any event referred to in paragraph (a)(ii) has occurred.

[Section 264(1) substituted by section 2(2) of Act No. 5 of 1998]

(2)	The Authority may request the Director-General of Labour to assign a person designated as an inspector under section 28 of the Occupational Health and Safety Act 85 of 1993 to assist a person appointed under subsection (1) to hold a preliminary enquiry.

[Section 264(2) substituted by section 2(2) of Act No. 5 of 1998]

(3)	A ship referred to in subsection (1)(a), (b) or (d) on board of which loss of life or serious injury to any person has occurred may be detained for purposes in relation to the holding of a preliminary enquiry thereunder, provided the ship is not thereby unduly delayed.

[Section 264(3) inserted by section 12(b) of Act No. 23 of 1997]

[Section 264 substituted by item 20 (Schedule 2) of Act No. 58 of 1998]