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

Regulations

Merchant Shipping (Training, Certification and Safe Manning) Regulations, 2021

Part 6 : Manning Requirements

98. Employment of persons holding foreign certificates

 

(1) For the purposes of section 83(1) of the Act, the owner of a ship to which the STCW, the STCW-F Conventions and the MLC applies shall not employ on the ship, as master or ship's officer, any person who holds a certificate issued by or on behalf of the government of another country, unless—
(a) that person's certificate has been endorsed in accordance with regulation 99; or
(b) in the absence of such an endorsement, the certificate was issued and is valid in accordance with the STCW and the STCW-F Conventions, the period of employment does not exceed 3 months and the owner makes an application to the Authority for an endorsement in accordance with regulation 99 prior to that person joining a ship. Documentary proof that the Authority has received the application shall be on board the ship.

 

(2) For the purposes of section 83(1) of the Act, the owner of a ship to which the STCW and the STCW-F Conventions do not apply shall not employ on the ship, as master or ship's officer, any person who holds a certificate of competency issued by or on behalf of the government of another country, unless the Authority has, under section 83(2) of the Act, authorised that person's employment on the ship.

 

(3) Application for an authorisation under section 83(2) of the Act shall be made by the owner of the ship and shall be directed to the authority nearest to the ship's intended port of departure. The application shall—
(a) be made before the person assumes duty on the ship; and
(b) be accompanied by the person's original certificate or copy thereof (together with a certified translation into English where the certificate is in a language other than English), a medical examination report complying with the requirements specified in Part 5 of these Regulations, or a report from another party recognised by the Authority and attesting to the person's medical fitness and a valid eyesight test certificate.

 

(4) An authorisation granted under section 83(2) of the Act shall be in writing and shall specify the period, not exceeding six months, for which it is to remain in force.

 

(5) The Authority may revoke an authorisation granted under section 83(2) of the Act if—
(a) the person in question shows that he or she is not adequately qualified and experienced or that he or she is not able to converse, issue and understand orders and written instructions in the English language;
(b) the person's certificate expires or is cancelled or suspended by or on behalf of the government under whose authority the certificate was originally issued;
(c) the person fails to comply with any condition on which the authorisation was granted;
(d) a court of marine enquiry or a disciplinary hearing recommends the revocation of the authorisation; or
(e) the person is convicted of an offence in terms of the Act or any other law administered by the Authority.

 

(6) For the purposes of section 74(1)(b) of the Act, the following is the recognised certification for a rating:
(a) For ships to which the STCW and the STCW-F Convention applies, valid appropriate certification issued in accordance with the STCW Convention and the STCW-F Convention, as appropriate, by or on behalf of another Party to the Convention; and
(b) for other ships, valid appropriate certification that the Authority is satisfied that the rating is qualified to serve in the capacity stated in the certification.