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

Chapter IX : Offences, Penal Provisions and Legal Procedure

322. Imprisoned seafarers may be sent back on board

[Section 322 heading substituted by section 29(k) of Act No. 12 of 2015]

 

If a seafarer of a South African ship or other treaty ship is undergoing a sentence of imprisonment in the Republic, or if a seafarer of a South African ship is undergoing a sentence of imprisonment in a treaty country other than the Republic, for the offence desertion or absence without leave or other breach of discipline, any person who is a judicial officer of a court within whose area of jurisdiction the place of imprisonment is situated may, during his imprisonment, and before his engagement is at an end, and on the application of the master or owner or agent of the ship, and notwithstanding that the period of imprisonment has not concluded, cause the seafarer to be conveyed on board his ship for the purpose of proceeding on the voyage, and the seafarer shall not thereafter be required to serve the remaining portion of the period of imprisonment.

 

[Section 322 substituted by section 29(d) of Act No. 12 of 2015]