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

Regulations

Courts of Marine Enquiry Regulations, 1961

20. Records of proceedings

 

(1) The Court shall cause minutes to be made of—
(a) any viva voce evidence given in court;
(b) any objection made to any evidence received or tendered;
(c) the proceedings of the court generally, including the record of any inspection in loco; and
(d) the decisions of the Court.

 

(2) The Court shall duly mark each document put in evidence and note such mark on the record.

 

(3) Such minutes and marks may be made by the clerk and, save where made by the clerk, or as hereinafter provided, they shall be made by the presiding officer.

 

(4) The Director-General may cause such minutes to be recorded by mechanical or other suitable means either verbatim or in narrative form.

[Regulation 20(4) substituted by regulation 14 of Notice No. R. 777 dated 5 August 2005]

 

(5) Any party shall be entitled to a transcript of any such record certified as correct by the transcriber on payment of a fee to be fixed by the Director-General, having regard to the costs to the Director-General of such transcript.

[Regulation 20(5) substituted by regulation 14 of Notice No. R. 777 dated 5 August 2005]

 

(6) In the event of an appeal being noted and set down for hearing such record shall, so far as relevant to the appeal, be transcribed and certified on oath by the transcriber as a true record of the proceedings and such transcript shall thereafter form part of the record.

[Regulation 20(6) substituted by regulation 14 of Notice No. R. 777 dated 5 August 2005]

 

(7) Any party may apply to the presiding officer to correct any errors in the record. Such application shall be made not later than seven days after the decision of the Court has been declared: Provided that if the application is for a correction of any errors in the record made under paragraph (4) the transcript of which has not been completed before the decision of the Court is declared, it shall be made not later than seven days after the transcript has been completed. Upon being satisfied that reasonable notice of the application has been given by the applicant to every other interested party, the presiding officer may, after consideration of any representations that may be made to him by any such party, and, if he thinks it necessary, after consultation with one or more of the other members of the Court, correct any such errors.

[Regulation 20(7) substituted by substituted by regulation 14 of Notice No. R. 777 dated 5 August 2005]

 

(8) If, before the hearing of the application, all parties affected file a consent to the corrections claimed, no costs of such application shall be allowed; otherwise, costs shall be in the discretion of the presiding officer, and the provisions of paragraph (2) of regulation 17 and regulation 19 shall apply in respect of any award by him of such costs.