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

Chapter III : Certificates of Competency, Service and Qualification

87. Holder of certificate incapacitated by ill-health

 

(1) If at any time it appears to the proper officer that owing to ill-health or mental or physical defect the holder of a certificate of competency, service or qualification is unfit to perform the duties required of him, the proper officer may require him to submit himself to examination by a medical practitioner approved by the Authority.

[Section 87(1) substituted by section 17 of Act No. 57 of 1998]

 

(2) If after consideration of the report on the medical examination the Authority is satisfied that the person concerned is owing to continued ill-health or mental or physical defect incapable of performing satisfactorily the duties appertaining to his certificate of competency, service or qualification it may direct that until it is satisfied that the holder of the certificate has again become capable of performing satisfactorily the duties appertaining to the said certificate, the holder shall not be engaged or go to sea in the capacity referred to in the certificate or in any other capacity specified by the Authority.

[Section 87(2) substituted by section 17 of Act No. 57 of 1998]

 

(3) Any direction by the Authority under subsection (2) shall—
(a) if the certificate was issued in the Republic, be effective everywhere and in respect of all ships; and
(b) if the certificate was issued elsewhere than in the Republic, be effective—
(i) within the Republic and the territorial waters of the Republic in respect of all ships; and
(ii) outside the Republic and the territorial waters of the Republic in respect of South African ships only.