MERCHANT SHIPPING ACT
NO. 57 OF 1951
[ASSENTED TO 27 JUNE, 1951][DATE OF COMMENCEMENT: 1 JANUARY, 1960]
(Unless otherwise indicated)
(Afrikaans text signed by the Governor-General)
as amended by
Merchant Shipping Amendment Act, No. 30 of 1959
Commonwealth Relations Act, No. 69 of 1962
Merchant Shipping Amendment Act, No. 40 of 1963
Merchant Shipping Amendment Act, No. 13 of 1965
Unemployment Insurance Act, No. 30 of 1966
Merchant Shipping Amendment Act, No. 42 of 1969
Births, Marriages and Deaths Registration Amendment Act, No. 58 of 1970
Merchant Shipping Amendment Act, No. 24 of 1974
Merchant Shipping Amendment Act, No. 5 of 1976
Merchant Shipping Amendment Act, No. 70 of 1977
Merchant Shipping Amendment Act, No. 62 of 1978
Merchant Shipping Amendment Act, No. 3 of 1981
South African Transport Services Act, No. 65 of 1981
Merchant Shipping Amendment Act, No. 3 of 1982
Admiralty Jurisdiction Regulation Act, No. 105 of 1983
[with effect from 1 November, 1983
Merchant Shipping Amendment Act, No. 25 of 1985
Carriage of Goods by Sea Act, No. 1 of 1986
Transport Advisory Council Act, No. 58 of 1987
Merchant Shipping Amendment Act, No. 3 of 1989
Population Registration Act Repeal Act, No. 114 of 1991
Merchant Shipping Amendment Act, No. 18 of 1992
Transport General Amendment Act, No. 86 of 1992
Transport General Amendment Act, No. 16 of 1995
General Law Amendment Act, No. 49 of 1996

ACT
To provide for the control of merchant shipping and matters incidental thereto.
DIVISION OF ACT
PRELIMINARY
Numbers
of sections
1.	Repeal and amendment of laws.
2.	Definitions and interpretation of certain references.
3.	Application of Act.
CHAPTER I
ADMINISTRATION
4.	Powers of Minister.
5.	Director-General to be responsible for administration of Act.
6.	National Marine Advisory Council, National Advisory Council for the welfare of merchant 
seamen, port welfare committees and ad hoc advisory committees.
7.	Survey of ship to ascertain whether she complies with the Act.
8.	Duty of proper officer to ensure compliance with this Act.
9.	Powers of officers and courts.
CHAPTER II
RECORDING, REGISTERING AND LICENSING OF SHIPS
10.	Notification of building of vessels.
11.	Qualification for owning ship registered under this Act.
12.	Power to enquire into the title of a registered ship to be registered.
13.	Obligation to apply for registry of a ship.
14.	Ships registered in Republic under repealed law.
15.	Register to be kept.
16.	Survey and measurement of ship before registry.
17.	Tonnage once ascertained to be the tonnage of ship.
18.	Tonnage of ships of other countries.
19.	Marking of ship.
20.	Evidence on first registry.
21.	Entry of particulars in register.
22.	Documents to be retained by proper officer.
23.	Certificate of registry.
24.	Custody of certificate of registry.
25.	Improper certificate of registry not to be used.
26.	Power to grant new certificate of registry.
27.	Endorsement of change of master on certificate of registry.
28.	Endorsement of change of ownership on certificate of registry.
29.	Procedure when ship is lost or ceases to be a South African ship.
30.	Provisional certificate for ship which elsewhere than in the Republic becomesthe property of 
a person qualified to own a South African ship.
31.	Temporary passes in lieu of certificates of registry.
32.	Notification of alterations in ships.
33.	Registry of alterations.
34.	Registry anew on change of ownership.
35.	Procedure for registry anew.
36.	Transfer of registry.
37.	Re-registration of abandoned ships.
38.	Names of ships.
39.	Transfer of ships or shares.
40.	Declaration of transfer.
41.	Registry of transfer.
42.	Transmission of property in ship on marriage or death, etc.
43.	Order for sale on transmission to unqualified person.
44.	Transfer of ship or sale by order of Director-General or court.
45.	Power of court to prohibit transfer.
46.	Mortgage of ship or share not to be registered in deeds registry.
47.	How ship or share mortgaged.
48.	Discharge of mortgage.
49.	Priority of mortgages.
50.	Rights of mortgagee.
51.	Preference under mortgage not affected by insolvency.
51A.	. . . . . .
[S. 51A repealed by s. 16 (1) of Act No. 105 of 1983.]
52.	Transfer of mortgage.
53.	Transmission of interest in mortgage by death, etc.
54.	Authority to sell or mortgage outside Republic.
55.	Rules as to certificates of sale.
56.	Rules as to certificates of mortgage.
57.	Loss of certificate of mortgage or sale.
58.	Revocation of certificate of mortgage or sale.
59.	Access to register.
60.	Provision for cases of minority or other incapacity.
61.	Right of registered owner to dispose of ship or share.
62.	Rights and liabilities of person holding an interest in a ship or share.
63.	National character of ship to be declared before clearance.
64.	Ships recognized as ships of South African nationality.
65.	Flag to be flown on ships of South African nationality.
66.	Unlawful assumption of South African national character.
67.	Concealment of South African national character.
68.	Small vessels to be licensed.
69.	Renewal of licences.
70.	Issue and duration of licences.
71.	Cancellation of licences.
72.	Unlicensed vessels not to be used.
72A.	Prohibition of use of vessels of less than three metres in length
CHAPTER III
CERTIFICATES OF COMPETENCY AND SERVICE
73.	What certificated officers and other persons to be employed on certain ships.
74.	When ship’s officers and other persons deemed to duly certificated.
75.	Grades of certificates of competency.
76.	. . . . . .
[S. 76 repealed by s. 2 of Act No. 3 of 1989.]
77.	Examinations for certificates of competency.
78.	Granting of certificates of competency after examination under this Act.
79.	Granting of certificates of competency otherwise than after examination under this Act.
80.	. . . . . .
[S. 80 repealed by s. 3 (1) of Act No. 3 of 1989.]
81.	Form and record of certificates of competency or service.
82.	Loss of certificates of competency or service.
83.	Certificates granted by competent foreign authorities.
84.	Certificates granted in Republic prior to commencement of Act.
85.	Minister may vary requirement as to certificates.
86.	Production to proper officer of certificates.
87.	Holder of certificate incapacitated by ill-health.
88.	Cancellation and suspension of certificates.
89.	Appeals against cancellation or suspension of certificate.
CHAPTER IV
ENGAGEMENT, DISCHARGE, REPATRIATION, PAYMENT, DISCIPLINE AND GENERAL 
TREATMENT OF SEAMEN, CADETS AND APPRENTICE-OFFICERS
90.	Cadets.
91.	Excessive number of cadets or apprentice-officers not to be employed.
92.	Medical examination of cadets and apprentice-officers.
93.	Indentures of apprenticeship.
94.	Indentures voidable in certain cases.
95.	Recording of indentures.
96.	Notice of cancellation of indentures or death or desertion of apprentice-officer.
97.	Entry of indentures on agreement with the crew.
98.	Death, insolvency, etc. of owner.
99.	Assignment of indentures.
100.	Certificate of expiration of indentures.
101.	Medical examination of crew prior to engagement.
102.	Agreements with crew.
103.	Special provisions as to agreements with crew of foreign-going ships.
104.	Changes in crew to be reported.
105.	Certificates as to agreements with crew of foreign-going ships.
106.	Special provisions as to agreements with crew of coasting ships, and fishing, sealing or 
shore-based whaling boats.
107.	Certificate as to agreements with crew of coasting ships, and fishing, sealing or shore-based 
whaling boats.
108.	Alterations in agreements with crew.
109.	Copy of agreement to be displayed.
110.	Employment of children on ships prohibited.
111.	Employment of young persons as trimmers or firemen.
112.	Rating of seamen.
113.	Discharge of seamen.
114.	Repatriation of seamen whose service terminates elsewhere than at proper return port.
115.	Entries and certificates of desertion outside the Republic.
116.	Discharge of seamen on change of ownership.
117.	Discharge and leaving of seamen behind.
118.	Leaving seamen behind.
119.	Wages and other property of seaman or apprentice-officer left behind.
120.	Payment of wages on discharge of a seaman of a South African ship.
121.	Master to deliver account of wages.
122.	Time of payment of wages for foreign-going ships.
123.	Time of payment for coasting ships, and fishing, sealing and shore-based whaling boats.
124.	Settlement of wages.
125.	Decision by proper officer on question as to wages.
126.	Payment of seamen in currency other than that mentioned in agreement.
127.	Disrating of seaman.
128.	Master to give facilities to seamen for remitting wages.
129.	Advance of more than one month’s wages prohibited.
130.	Allotment notes.
131.	Right of suing on allotment notes.
132.	Time of payment of an allotment note.
133.	Rights to wages and provisions and when such are to commence.
134.	Agreement to forfeit lien for wages is void.
135.	Restrictions on assignment of wages and salvage.
136.	Proceedings for wages.
137.	Wages not recoverable abroad except in certain cases.
138.	Wages not to depend on freight.
139.	Wages not claimable by seaman or apprentice-officer who fails to exert himself to save ship.
140.	Wages on termination of services by illness or injury of seamen or wreck or loss of ship.
141.	Wages not to accrue during refusal to work or imprisonment or illness caused by own default 
or drunkenness.
142.	Compensation to a seaman improperly discharged.
143.	Remedies of master for recovery of wages, disbursements, etc.
144.	Unreasonable delay in paying master’s wages.
145.	Power of court to rescind contract between owner or master and seaman or apprentice-officer.
146.	Master to take care and make record of property of seaman who dies.
147.	Delivery to proper officer of property of seaman who dies.
148.	Account to be rendered of property of seaman who dies.
149.	Property of deceased seaman left abroad but not on board ship.
150.	Sale of property of deceased seaman.
151.	Property of deceased seaman may be recovered as wages.
152.	Disposal of property of deceased seaman.
153.	Recovery of wages of seaman lost with his ship.
154.	Relief and maintenance of distressed seamen.
155.	Receiving distressed seamen on ships.
156.	Provisions of seamen.
157.	Measuring instruments on board.
158.	Refrigerating chamber.
159.	Certificated cooks.
160.	Bedding and other articles for seamen.
161.	Crew accommodation.
162.	Complaints as to provisions or water or accommodation.
163.	Powers of inspection of provisions, water and accommodation.
164.	Inspection of provisions, water and accommodation at sea.
165.	Compensation if short or bad provisions furnished.
166.	Provision of board and lodging elsewhere than on board ship.
167.	Medicines to be provided and kept on board certain ships.
168.	Inspection of medicines and medical appliances.
169	Expenses of medical attendance in cases of injury or illness.
170.	Recovery of expenses from owner.
171.	Facilities for making complaints.
172.	Seamen’s property not to be detained.
173.	Soliciting seamen.
174.	Misconduct by seamen endangering ship or life, and general offences against discipline.
175.	Desertion.
176.	Absence without leave.
177.	Notice to proper officer of absence of seaman at time of sailing.
178.	Unseaworthiness of ship a good defence to charge of desertion, etc.
179.	Deserter’s certificates of discharge may be withheld.
180.	Deserters from foreign ships.
181.	Entry of offences in official log.
182.	Official log-books to be kept.
183.	Entries in official log-books.
184.	Unlawful entries or alterations in official log-books.
185.	Delivery of official log-books to proper officer.
186.	Transmission of official log-books to proper officer.
187.	Documents to be handed to successor on change of master.
188.	List of the crew.
189.	Returns of births and deaths.
CHAPTER V
SAFETY OF SHIPS AND LIFE AT SEA
Part I.—Construction of Ships, Provision of Life-saving Appliances and Installation of Radio
190.	Initial and subsequent surveys of vessels in respect of safety provisions.
191.	Surveyor’s report on inspection under safety regulations.
192.	Issue of safety convention certificates in respect of passenger ships.
193.	Issue of safety convention certificates in respect of ships other than passenger ships.
194.	Issue of local safety certificates.
195.	Form of safety certificate.
196.	Modification of safety convention certificates as respects life-saving appliances.
197.	Duration of safety certificates.
198.	Cancellation of safety convention certificates and local safety certificates.
199.	Surrender of expired or cancelled safety convention certificate or local safety certificate.
200.	South African ships not to be taken to sea without safety certificates.
201.	Carrying persons in excess.
202.	Issue of safety convention certificate by one Government at request of another.
203.	Application of this Part to ships not registered or licensed in the Republic while in the 
Republic.
Part II.—Load Lines
204.	Exemption from this Part and issue of load line exemption certificates.
205.	Initial and subsequent surveys of ships in respect of load line provisions.
206.	Surveyor’s inspection report on load line ship.
207.	Issue of load line certificates other than load line exemption certificates.
[S. 207 substituted by s. 16 of Act No. 42 of 1969.]
208.	Entry of load line particulars in official log-book.
209.	Duration of load line certificates.
210.	Cancellation of load line certificates.
211.	Surrender of expired or cancelled load line certificate.
212.	South African ships not to be taken to sea without load line certificates.
213.	Maintenance of load lines and deck lines.
214.	Submersion of load line on South African ships.
215.	Issue of international load line certificate by one Government at request of another.
216.	Inspection and control of load line convention ships not registered in the Republic.
217.	Issue of load line certificates in respect of ships not registered in the Republic.
218.	Recognition of certificates as to load lines issued in other countries.
219.	Load line ships not registered in the Republic not to be taken to sea without load line 
certificates.
220.	Submersion of load line on ships not registered in the Republic.
Part III.—Safety of Navigation
221.	Ship’s complement.
222.	Employment of radio officers and operators.
223.	Surveyor may direct that defects be made good.
224.	Display of safety convention certificate, local safety certificate or load line certificate.
225.	Printed notices and diagrams as to location of lifeboats, etc.
226.	Information about stability of ship.
227.	Production of certificates to officers of customs.
228.	Compasses to be adjusted.
229.	Signalling lamps.
230.	. . . . . .
[S. 230 repealed by s. 30 of Act No. 30 of 1959.]
231.	Registration of private code of signals.
232.	Signals of distress.
233.	Boat and fire drills and inspection of life-saving appliances.
234.	Obligation to assist ships in distress.
235.	Dangerous goods not to be carried.
236.	Carriage of grain.
237.	Carriage of timber deck cargo.
238.	Marking of heavy packages or objects.
239.	Report of alteration or damage affecting seaworthiness, efficiency or compliance with 
regulations.
240.	Unseaworthy ships not permitted to leave port.
[S. 240 substituted by s. 6 of Act No. 25 of 1985.]
241.	Obligation to secure seaworthiness of ship.
242.	Sending unseaworthy ship to sea in special circumstances.
243.	Unseaworthy ships to be detained.
244.	Ships may be inspected.
245.	Complaint as to seaworthiness to be in writing.
246.	Complainant as to unseaworthiness may be required to give security.
247.	Complainant to pay costs if not successful.
248.	Expenses to be paid by owner if complaint founded.
249.	Reports of dangers to navigation.
250.	Careful navigation near ice.
251.	Safety certificates and memoranda issued before commencement of this Act.
252.	Period of grace for compliance with certain provisions.
253.	Provisions of this Chapter not to be applied to ships not registered in the Republic driven into 
Republic ports by stress of weather.
254.	Admissibility in evidence of safety and load line certificates and surveyors’ reports.
Part IV.—Collisions, Accidents at Sea, and Limitation of Liability
255.	Division of loss in case of collision.
256.	Damages for personal injury.
257.	Right of contribution.
258.	Duty of masters of ships in collision to render assistance.
259.	Report to proper officer of accidents to and on board ships.
260.	Notice to Director-General of loss of ship.
261.	When owner not liable for whole damage.
262.	Tonnage how calculated.
263.	Application of this Part to persons other than the owners.
CHAPTER VI
SPECIAL SHIPPING ENQUIRIES AND COURTS OF ENQUIRY AND COURTS OF SURVEY
264.	Preliminary enquiry into shipping casualties.
265.	Report to Director-General by person who has held preliminary enquiry.
266.	Convening of court of marine enquiry in the Republic.
267.	Constitution of court of marine enquiry.
268.	How decisions of court of marine enquiry are reached and announced.
269.	owers of court of marine enquiry in respect of master or member of crew.
270.	Convening of maritime courts outside the Republic.
271.	Constitution of maritime courts.
272.	How decisions of maritime courts are reached and announced.
273.	Powers of maritime courts.
274.	Appeal from surveyor to court of survey.
275.	Convening of court of survey.
276.	Constitution of court of survey.
277.	How decisions of courts of survey are reached and announced.
278.	Powers of court of survey.
279.	Interested persons not to serve on courts of marine enquiry, maritime courts or courts of 
survey.
280.	Procedure at court of marine enquiry or maritime court or court of survey.
281.	Court of survey may cause ship to be surveyed.
282.	Reference in difficult cases to scientific persons.
283.	Opportunity of making a defence.
284.	Court may require delivery of certificate during course of investigation.
285.	Witnesses to be allowed expenses.
286.	Transmission to Director-General of record and decision of court of marine enquiry, 
maritime court, or court of survey.
287.	Effect of cancellation or suspension of certificate or prohibition of employment.
288.	Delivery of Republic certificate which has been cancelled or suspended.
289.	Certificate not to be endorsed.
290.	Powers of Minister in respect of cancelled or suspended certificates.
291.	Rehearing.
292.	Appeals against decisions of courts of marine enquiry and maritime courts.
CHAPTER VII
WRECKS AND SALVAGE
293.	Application to aircraft.
294.	Salvage officers.
295.	Power to pass over adjoining lands.
296.	Power of salvage officer to suppress plunder and disorder by force.
297.	Investigation concerning ships wrecked, stranded or in distress.
298.	Exercise of powers in absence of salvage officer.
299.	Interfering with wrecked ship or aircraft.
300.	Salvage payable for saving life.
301.	Salvage payable for saving wreck.
302.	Expenses incurred in rendering salvage services.
303.	Duty to render assistance to persons in danger at sea.
304.	Detention of wreck until salvage is paid.
304A.	Powers of Minister in respect of certain wrecks and ships.
305.	Law applicable in apportionment of salvage amongst owners, etc., of ships not registered in 
the Republic.
306.	Application of this Chapter.
CHAPTER VIII
CARRIAGE OF GOODS BY SEA
307 to 311 inclusive  . . . . . .
CHAPTER IX
OFFENCES, PENAL PROVISIONS AND LEGAL PROCEDURE
312.	Offences not expressly mentioned.
313.	Penalties for offences.
314.	Bribery.
315.	Forgery and other fraudulent acts.
316.	Obstructing administration of Act.
317.	Stowaways.
318.	Ships not to be boarded without authority.
319.	Offences in connection with passenger ships.
320.	Obstruction of navigation of ship.
321.	Conveyance of deserter on board ship.
322.	Imprisoned seamen may be sent back on board.
323.	Deduction from wages and payment to proper officers etc. of fines.
324.	Director-General may impose penalty upon admission of guilt.
325.	Release from forfeiture or mitigation of penalties.
326.	Appropriation of wages to satisfy award of compensation in offences against discipline.
327bis.	Jurisdiction in respect of offences committed outside the Republic.
328.	Jurisdiction of magistrates’ courts to impose punishment.
329.	. . . . . .
330.	Jurisdiction of superior courts in actions for salvage.
331.	Court trying salvage claim may be assisted by assessors.
332.	. . . . . .
333.	Inquiry into cause of death on board ship.
334.	Forfeiture of ships, shares in ships and goods.
335.	Method of detaining a vessel or a share in a ship or goods.
336.	Procedure in forfeiture of a ship, a share in a ship or goods.
337.	Seizure of a ship, a share in a ship or goods detained or liable to forfeiture.
338.	No clearance to be granted to detained ship.
339.	Detention of foreign ship that has occasioned damage.
340.	Notice to be given to consular representative of proceedings taken in respect of foreign ships.
341.	Conveyance of accused persons and witnesses to the Republic.
342.	Service of documents.
343.	Notice of action against Government to be given.
343bis.	Indemnification of the State and certain persons in the employ of the State.
343ter.	Exemption from liability.
344.	Prescription.
345.	Payment of allowances to persons appointed to make preliminary enquiries into shipping 
casualties, to members of courts of marine enquiry, maritime courts or courts of survey, assessors, and 
salvage officers.
346.	Presumption of knowledge.
347.	Presumption in case of collision.
348.	Mode of making declaration.
349.	Power to dispense with declarations and other evidence.
350.	Admissibility of documents in evidence.
351.	Evidence as to agreement with crew.
352.	Acts done by courts and functionaries of the Republic in relation to treaty ships other than 
South African ships.
353.	Acts done by courts and functionaries of other treaty countries in relation to South African 
ships.
CHAPTER X
GENERAL
354.	Recognition of certificates of competency or qualification granted in other treaty countries.
355.	Application of certain labour laws to seamen.
355A.	Appointment of safety officers, safety appointees and safety committees and election of safety 
representatives.
356.	Regulations.
356bis.	Application of conventions in Republic.
356ter.	Incorporation of safety standards in regulations.
356quat.	Incorporation of international shipping standards in regulations.
357.	Exemption from stamp duty.
358.	Short title and commencement.
SCHEDULES
First Schedule:Laws repealed and amended by section one.
Second Schedule:International Convention for the Safety of Life at Sea, 1974.
Third Schedule:Convention on the International Regulations for Preventing Collisions at Sea, 1972.
Fourth Schedule:International Convention on Load Lines, 1966.
Fifth Schedule:International Convention on Standards of Training, Certification and Watchkeeping 
for Seafarers, 1978.
Sixth Schedule:International Convention on Tonnage Measurement of Ships, 1969.
PRELIMINARY
1.   Repeal and amendment of laws.—The laws mentioned in the First Schedule to this Act are hereby 
repealed or amended to the extent set out in the fourth column of that Schedule: Provided that until all 
the provisions of this Act have been brought into operation in terms of section three hundred and fifty-
eight, any provision of any such law which corresponds to a provision of this Act which has not yet 
been so brought into operation shall, in so far as it is not inconsistent with any provision of this Act 
which has been so brought into operation, continue to apply in relation to the ships in respect of 
which the provisions of this Act which have been so brought into operation apply, and in relation to 
the owners, masters, seamen and apprentice-officers of such ships as if this section had not been 
enacted.
[S. 1 amended by s. 2 of Act No. 30 of 1959.]
2.   Definitions and interpretation of certain references.—(1)  In this Act, unless the context indicates 
otherwise—

“accident”, in relation to a vessel, includes—
(a)the collapse or overturning of any lift, crane, davit, derrick, mobile powered access platform, access 
equipment, staging or bosun’s chair or the failure of any load-bearing part thereof;
(b)the explosion, collapse or bursting of any closed container, including a boiler or boiler tube, in 
which there is any gas (including air), liquid or any vapour at a pressure greater than atmospheric 
pressure;
(c)any electrical short circuit or overload resulting in fire or explosion;
(d)the sudden, uncontrolled release of flammable liquid or gas from any system, plant or pipeline;
(e)the uncontrolled release or escape of any harmful substance;
(f)either of the following occurrences in respect of any pipeline, valve or any piping system in a 
vessel—
(i)the bursting, explosion or collapse of a pipeline;
(ii)the accidental ignition of anything in a pipeline or of anything which, immediately before it 
ignited, was in a pipeline;
(g)any contact of the human body with loose asbestos fibre;
(h)the failure of any lashing-wire, chain or appliance;
(i)any collapse or significant movement of cargo;
(j)the malfunctioning of any hatch cover, hatch cover control wire or other mechanism;
(k)any person falling overboard;
(l)the parting of a tow-rope;
(m)the failure of bilge-pumping arrangements or life-saving or fire-fighting equipment to operate;
[Definition of “accident” inserted by s. 1 (a) of Act No. 18 of 1992.]

“air-cushion vehicle” means any craft of which the whole or a significant part of its weight can be 
supported, whether at rest or in motion, by a continuously generated cushion of air dependent for its 
effectiveness on the proximity of the surface over which the craft operates;
[Definition of “air-cushion vehicle” inserted by s. 1 (a) of Act No. 16 of 1995.]

“apprentice-officer” means an indentured apprentice to the sea service;

“cadet” means an unindentured apprentice to the sea service;

“cargo ship safety construction certificate” means a certificate issued under subparagraph (a) of 
paragraph (1) or sub-paragraph (a) of paragraph (2) of section one hundred and ninety-three, or 
deemed in accordance with the provisions of paragraph (b) of sub-section (1) of section two hundred 
and two to have been so issued;
[Definition of “cargo ship safety construction certificate” inserted by s. 1 (a) of Act No. 13 of 1965.]

“cargo ship safety equipment certificate” means a certificate issued under subparagraph (b) of 
paragraph (1) or sub-paragraph (b) of paragraph (2) of section one hundred and ninety-three, or 
deemed in accordance with the provisions of paragraph (b) of sub-section (1) of section two hundred 
and two to have been so issued;
[Definition of “cargo ship safety equipment certificate” inserted by s. 1 (a) of Act No. 13 of 1965.]

“cargo ship safety radiotelegraphy certificate” means a certificate issued under subparagraph (a) of 
paragraph (3) or item (i) of sub-paragraph (b) of paragraph (4) of section one hundred and ninety-
three, or deemed in accordance with the provisions of paragraph (b) of sub-section (1) of section two 
hundred and two to have been so issued;
[Definition of “cargo ship safety radiotelegraphy certificate” inserted by s. 1 (a) of Act No. 13 of 
1965.]

“cargo ship safety radiotelephony certificate” means a certificate issued under subparagraph (b) of 
paragraph (3) or item (ii) of sub-paragraph (b) of paragraph (4) of section one hundred and ninety-
three, or deemed in accordance with the provisions of paragraph (b) of sub-section (1) of section two 
hundred and two to have been so issued;
[Definition of “cargo ship safety radiotelephony certificate” inserted by s. 1 (a) of Act No. 13 of 1965.]

“carrier” includes the owner of the charterer who enters into a contract of carriage with a shipper;

“clearance” includes any clearance or transire referred to in the Customs and Excise Act, 1964 (Act 
No. 91 of 1964);
[Definition of “clearance” amended by s. 3 (a) of Act No. 30 of 1959 and substituted by s. 1 (a) of Act 
No. 5 of 1976.]

“coasting ship” means a ship employed in plying between ports in the same country, but does not 
include any fishing, sealing or whaling boat;
[Definition of “coasting ship” amended by s. 3 (b) of Act No. 30 of 1959.]

“collision regulations” means the regulations made under paragraph (b) of subsection (2) of section 
356 to give effect to the relative provisions of the International Collision Regulations Convention and 
Annexures thereto, or such regulations as applied under subsection (3) of that section;
[Definition of “collision regulations” amended by s. 1 (a) of Act No. 40 of 1963 and substituted by s. 1 
(a) of Act No. 3 of 1982.]

“Commonwealth ship” . . . . . .
[Definition of “Commonwealth ship” deleted by s. 31 (a) of Act No. 69 of 1962.]

“conditions of assignment” means such of the load line regulations as are made to give effect to the 
relative provisions of the Load Line Convention and Annexes thereto, or such regulations as applied 
under sub-section (3) of section three hundred and fifty-six;
[Definition of “conditions of assignment” substituted by s. 1 (b) of Act No. 13 of 1965.]

“construction regulations” means the regulations made under paragraph (a) of subsection (2) of 
section three hundred and fifty-six to give effect to the relative provisions of the safety Convention, or 
such regulations as applied under sub-section (3) of the said section;
[Definition of “construction regulations” amended by s. 3 (c) of Act No. 30 of 1959 and substituted by 
s. 1 (c) of Act No. 13 of 1965.]

“contract of carriage” applies only to contracts of carriage covered by a bill of lading or any similar 
document of title, in so far as such document relates to the carriage of goods by sea, including any bill 
of lading or any similar document as aforesaid issued under or pursuant to a charter party from the 
moment at which such bill of lading or similar document of title regulates the relations between a 
carrier and a holder of the same;

“country to which the Load Line Convention applies” means—
(a)a country the Government of which has been declared by the State President by proclamation in the 
Gazette, to have ratified or acceded to the Load Line Convention, and has not been so declared to 
have denounced that Convention; or
(b)a country to which it has been so declared that the Load Line Convention has been applied under 
the provisions of the relative Article thereof, not being a country to which it has been so declared that 
that Convention has ceased to apply under the provisions of that Article;
[Para. (b) substituted by s. 1 (d) of Act No. 13 of 1965.]

“country to which the Safety Convention applies” means—
(a)a country the Government of which has been declared by the State President, by proclamation in 
the Gazette, to have accepted the Safety Convention, and has not been so declared to have denounced 
that Convention; or
(b)a territory to which it has been so declared that the Safety Convention has been extended under the 
provisions of the relative Article thereof, not being a territory to which it has been so declared that 
that Convention has ceased to extend under the provisions of that Article;
[Para. (b) substituted by s. 1 (e) of Act No. 13 of 1965.]

“crew” means all seamen on board a ship;
[Definition of “crew” inserted by s. 1 (b) of Act No. 18 of 1992.]

“crew accommodation” includes sleeping rooms, store rooms, galleys, mess rooms, sanitary 
accommodation, hospitals and recreation spaces provided for use by or for the benefit of seamen and 
apprentice-officers;

“dangerous goods” means goods which by reason of their nature, quantity or mode of stowage, are 
either singly or collectively liable to endanger the lives or the health of persons on or near the ship or 
to imperil the ship, and includes all substances within the meaning of the expression “explosives” as 
used in the Explosives Act, 1956 (Act No. 26 of 1956), and any other goods which the Minister by 
notice in the Gazette may specify as dangerous goods;
[Definition of “dangerous goods” amended by s. 3 (d) of Act No. 30 of 1959.]

“dangerous space” means any enclosed or confined space in which it is reasonably foreseeable that the 
atmosphere may at some stage contain toxic or flammable gases or vapours or dangerous substances, 
or be deficient in oxygen, to the extent that it may endanger the life or health of any person entering 
that space;
[Definition of “dangerous space” inserted by s. 1 (c) of Act No. 18 of 1992.]

“deck line” means a mark on each side of a ship indicating the position of the uppermost complete 
deck, as defined by the load line regulations;

“Director-General” means the Director-General: Transport;
[Definition of “Director-General” inserted by s. 1 (a) of Act No. 3 of 1981.]

“Director” . . . . . .
[Definition of “Director” deleted by s. 3 (e) of Act No. 30 of 1959.]

“dynamically supported craft” means any air-cushion vehicle, side wall craft, hydrofoil boat or any 
other prescribed craft used for transporation or for any other purpose on or above the surface of water;
[Definition of “dynamically supported craft” inserted by s. 1 (b) of Act No. 16 of 1995.]

“employee” means any person on board a vessel, including a member of the crew, who is employed by 
or working for an employer and receives or is entitled to receive any remuneration, or who works 
under the direction or supervision of an employer, or any other person who on board a vessel in any 
manner assists in the carrying on or the conducting of the business of an employer, except as provided 
otherwise by regulation;
[Definition of “employee” inserted by s. 1 (d) of Act No. 18 of 1992.]

“employer” means any person, including the owner or master of a vessel, who employs any person or 
provides work for him on a vessel and who remunerates that person or expressly or tacitly undertakes 
to remunerate him, except as provided otherwise by regulation;
[Definition of “employer” inserted by s. 1 (d) of Act No. 18 of 1992.]

“equipment” includes boats, tackle, pumps, apparel, furniture, life-saving appliances of every 
description, spars, masts, rigging and sails, fog signals, lights and signals of distress, medicines and 
medical and surgical stores and appliances, charts, radio apparatus, apparatus for preventing, 
detecting or extinguishing fires, buckets, compasses, axes, lanterns, loading and discharging gear and 
apparatus of all kinds, and all other stores or articles belonging to or to be used in connection with, or 
necessary for, the navigation and safety of a ship;

“exemption certificate” means a certificate issued under paragraph (c) of section one hundred and 
ninety-two, sub-paragraph (a) or (b) of paragraph (2) or sub-paragraph (a) of paragraph (4) of section 
one hundred and ninety-three, or deemed in accordance with the provisions of paragraph (a) or (b) of 
sub-section (1) of section two hundred and two to have been so issued;
[Definition of “exemption certificate” inserted by s. 1 (f) of Act No. 13 of 1965.]

“fishing boat” means any ship engaged in sea fishing for financial gain or reward, but does not 
include any sealing boat or whaling boat;
[Definition of “fishing boat” amended by s. 3 (f) of Act No. 30 of 1959 and substituted by s. 1 (g) of 
Act No. 13 of 1965.]

“foreign country” means a country which is not a treaty country;
[Definition of “foreign country” amended by s. 31 (b) of Act No. 69 of 1962.]

“foreign-going ship” means—
(a)a ship plying between a port in one country and a port in another country; or
(b) . . . . . .
[Para. (b) deleted by s. 3 (g) of Act No. 30 of 1959.]
(c). . . . . .
[Para (c) deleted by s. 3 (g) of Act No. 30 of 1959.]
(d)a whaling boat other than a shore-based whaling boat;

“foreign ship” means a ship other than a treaty ship;
[Definition of “foreign ship” amended by s. 31 (c) of Act No. 69 of 1962.]

“freight” includes passage money and hire;

“general safety certificate” . . . . . .
[Definition of “general safety certificate” deleted by s. 1 (h) of Act No. 13 of 1965.]

“goods” includes all animals, matter or things, save that in Chapter VIII “goods” does not include 
animals or cargo which by a contract of carriage it is provided shall be carried on deck and is so 
carried;

“hydrofoil boat” means any craft which is supported above the surface of water in normal operating 
condition by hydrodynamic forces generated on foils;
[Definition of “hydrofoil boat” inserted by s. 1 (c) of Act No. 16 of 1995.]

“International Collision Regulations Convention” means the convention set out in the Third Schedule 
to this Act;
[Definition of “International Collision Regulations” substituted by s. 1 (b) of Act No. 40 of 1963 and 
substituted by definition of “International Collision Regulations Convention” by s. 1 (b) of Act No. 3 
of 1982.]

“international load line certificate” means a certificate issued under paragraph 1 of section 207, or 
deemed in accordance with the provisions of section 215 (1) to have been so issued and includes an 
international load line exemption certificate;
[Definition of “international load line certificate” inserted by s. 1 (i) of Act No. 13 of 1965 and 
substituted by s. 1 (a) of the Act No. 42 of 1969.]

“international load line exemption certificate” means a certificate issued under section 204 (1) (a);
[Definition of “international load line exemption certificate” inserted by s. 1 (b) of Act No. 42 of 
1969.]

“international load line ship” means a load line ship of 24 metres or more in length, which is engaged 
on an international voyage;
[Definition of “international load line ship” substituted by s. 1 (c) of Act No. 42 of 1969 and by s. 1 
(b) of Act No. 5 of 1976.]

“international voyage”, when used with reference to ships registered in a country to which the Load 
Line Convention applies, means a voyage from a port in one country to a port in another country, 
either of those countries being a country to which the Load Line Convention applies, and when used 
with reference to ships registered in a country to which the Safety Convention applies, means a 
voyage from a port in one country to a port in another country either of those countries being a 
country to which the Safety Convention applies; and “short international voyage” means an 
international voyage in the course of which a ship is not more than two hundred nautical miles from a 
port in which the passengers and crew could be placed in safety, and which does not exceed six 
hundred nautical miles in length between the last port of call in the country in which the voyage 
begins and the final port of destination; and in the application of this definition—
(a)no account shall be taken of any deviation by a ship from her intended voyage due solely to stress 
of weather or any other circumstances which neither the master nor the owner nor the charterer (if 
any) of the ship could have prevented or forestalled; and
(b)every colony, overseas territory, protectorate, territory for whose international relations a State that 
has accepted the Safety Convention is responsible, territory for which the United Nations are the 
administering authority, and territory administered by a State in whose favour a mandate thereover 
was issued by the Council of the former League of Nations, shall be deemed to be a separate country;
[Definition of “international voyage” amended by s. 1 of Act No. 49 of 1996.]

“life-saving equipment regulations” means the regulations made under paragraph (a) of sub-section 
(2) of section three hundred and fifty-six to give effect to the relative provisions of the Safety 
Convention, or such regulations as applied under sub-section (3) of the said section;
[Definition of “life-saving equipment regulations” amended by s. 3 (h) of Act No. 30 of 1959 and 
substituted by s. 1 (j) of Act No. 13 of 1965.]

“load lines” means the marks indicating the several maximum depths to which a ship is entitled to be 
loaded in various circumstances prescribed by the load line regulations;

“load line certificate” means an international load line certificate or a local load line certificate;
[Definition of “load line certificate” substituted by s. 1 (k) of Act No. 13 of 1965.]

“Load Line Convention” means the convention set out in the Fourth Schedule to this Act;
[Definition of “Load Line Convention” substituted by s. 1 (c) of Act No. 40 of 1963.]

“load line exemption certificate” means an international load line exemption certificate or a local load 
line exemption certificate;
[Definition of “load line exemption certificate” inserted by s. 1 (d) of Act No. 42 of 1969.]

“load line convention certificate” . . . . . .
[Definition of “load line convention certificate” deleted by s. 1 (l) of Act No. 13 of 1965.]

“load line regulations” means the regulations made under paragraph (c) of subsection (2) of section 
three hundred and fifty-six to give effect to the relative provisions of the Load Line Convention and 
Annexes thereto, or such regulations as applied under sub-section (3) of the said section;
[Definition of “load line regulations” substituted by s. 1 (m) of Act No. 13 of 1965.]

“load line ship” means any ship of 14 metres or more in length, which is not solely engaged in fishing 
and is not a pleasure yacht;
[Definition of “load line ship” substituted by s. 1 (e) of Act No. 42 of 1969 and by s. 1 (c) of Act No. 5 
of 1976.]

“local general safety certificate” means a certificate issued under section 194 (1) (a) or (b) (ii);
[Definition of “local general safety certificate” substituted by s. 1 (f) of Act No. 42 of 1969.]

“local load line certificate” means a certificate issued under paragraph 2 of section 207 and includes a 
local load line exemption certificate;
[Definition of “local load line certificate” substituted by s. 1 (g) of Act No. 42 of 1969.]

“local load line exemption certificate” means a certificate issued under section 204 (1) (b);
[Definition of “local load line exemption certificate” inserted by s. 1 (h) of Act No. 42 of 1969.]

“local load line ship” means a load line ship—
(a)engaged on an international voyage and of less than 24 metres in length; or
(b)not engaged on an international voyage;
[Definition of “local load line ship” substituted by s. 1 (i) of Act No. 42 of 1969 and by s. 1 (d) of Act 
No. 5 of 1976.]

“local safety certificate” means a local general safety certificate or a local safety exemption certificate;
[Definition of “local safety certificate” substituted by s. 1 (n) of Act No. 13 of 1965.]

“local safety exemption certificate” means a certificate issued under sub-paragraph (i) of paragraph 
(b) of sub-section (1) of section one hundred and ninety-four;

“machinery” means any appliance or combination of appliances assembled, arranged or connected 
and which is used or intended to be used for converting any form of energy to perform work, or which 
is used or intended to be used, whether incidental thereto or not, for generating, receiving, storing, 
containing, transforming, transmitting, transferring or controlling any form of energy;
[Definition of “machinery” inserted by s. 1 (e) of Act No. 18 of 1992.]

“marine notice” means a notice described as such and issued by the Department of Transport;
[Definition of “marine notice” inserted by s. 1 (e) of Act No. 18 of 1992.]

“master” means, in relation to a ship, any person (other than a pilot) having charge or command of 
such ship;

“medical practitioner” means—
(a)at a place in the Republic, a person registered as such under the Medical, Dental and 
Supplementary Health Service Professions Act, 1974 (Act No. 56 of 1974); or
(b)at a place outside the Republic, a person who is entitled to practise as such under the law in force 
in that place;
[Definition of “medical practitioner” substituted by s. 1 (e) of Act No. 5 of 1976.]

“Minister” means the Minister of Transport;
[Definition of “Minister” amended by s. 3 (i) of Act No. 30 of 1959 and substituted by s. 1 (b) of Act 
No. 3 of 1981 and by s. 1 (f) of Act No. 18 of 1992.]

“nautical mile” means a distance of 1 852 metres;
[Definition of “nautical mile” inserted by s. 1 (c) of Act No. 3 of 1981.]

“near relative” in relation to a seaman means the wife or parent or a grandparent, child, grandchild, 
brother or sister of the seaman or the guardian or the person having the custody of a child of the 
seaman;

“occupational safety” means the safety of any employee on board a ship and whilst boarding or 
leaving the ship;
[Definition of “occupational safety” inserted by s. 1 (g) of Act No. 18 of 1992.]

“officer of customs” means an officer as that expression is defined by section 1 of the Customs and 
Excise Act, 1964 (Act No. 91 of 1964);
[Definition of “officer of customs” amended by s. 3 (j) of Act No. 30 of 1959 and substituted by s. 1 (f) 
of Act No. 5 of 1976.]

“owner” means any person to whom a ship or a share in a ship belongs;

“part of the Commonwealth” . . . . . .
[Definition of “part of the Commonwealth” deleted by s. 31 (d) of Act No. 69 of 1962.]

“passenger” means any person carried in a ship, except—
(a)a person employed or engaged in any capacity on board the ship on the business of the ship;
(b)a person on board the ship either in pursuance of the obligation laid upon the master to carry 
shipwrecked, distressed or other persons or by reason of any circumstances that neither the master nor 
the owner nor the charterer (if any) could have prevented; and
(c)a child under one year of age;

“passenger ship” means a ship which carries more than twelve passengers;

“passenger ship safety certificate” means a certificate issued under paragraph (a) or (c) of section one 
hundred and ninety-two, or deemed in accordance with the provisions of paragraph (a) of sub-section 
(1) of section two hundred and two to have been so issued;
[Definition of “passenger ship safety certificate” inserted by s. 1 (o) of Act No. 13 of 1965.]

“passenger ship’s exemption certificate”  . . . . . .
[Definition of “passenger ship’s exemption certificate” deleted by s. 1 (p) of Act No. 13 of 1965.]

“port”, in relation to—
(a)a port in a country other than the Republic, means a place, whether proclaimed a public harbour or 
not, and whether natural or artificial, to which ships may resort for shelter or to ship or unship goods 
or passengers; and
(b)a port in the Republic, means a harbour of which Transnet Limited has become the owner in terms 
of section 3 of the Legal Succession to the South African Transport Services Act, 1989 (Act No. 9 of 
1989), or a fishing harbour as defined in section 1 of the Sea Fishery Act, 1988 (Act No. 12 of 1988), 
or any place which has under this Act or any other law been designated as a place from or at which 
any vessel or a vessel of a particular type may be launched, beached, moored or berthed;
[Definition of “port” substituted by s. 1 (a) Act No. 25 of 1985. Para. (b) substituted by s. 1 (h) of Act 
No. 18 of 1992.]

“port of registry” means, in relation to a ship, the port at which she is registered or is to be registered;

“prescribed” means prescribed by this Act;

“principal officer” means the officer in charge of the office of the Marine Division of the Department 
of Transport at a port;
[Definition of “principal officer” inserted by s. 1 (a) of Act No. 24 of 1974.]

“proper officer” means the officer designated by the Director-General to be the proper officer at the 
place or in respect of the area and in respect of the matter to which reference is made in the provision 
of this Act in which the expression occurs; or if no such designation has been made—
(a)at a place in the Republic, a principal officer or, where there is no principal officer, the Controller 
of Customs and Excise; or
[Para. (a) substituted by s. 31 (e) of Act No. 69 of 1962 and by s. 1 (b) of Act No. 24 of 1974.]
(b)at a place outside the Republic but within a treaty country, in the following order:
(i)a career consular representative of the Republic; or
[Sub-para. (i) substituted by s. 1 (j) of Act No. 42 of 1969.]
(ii)a diplomatic representative of the Republic; or
(iii)the person who, in terms of the law in force in the treaty country, is entrusted with the function or 
charged with the duty to which reference is made in the provision of this Act in which the expression 
occurs; or
(iv)a consular representative of a treaty country (other than the Republic); or
(v)a diplomatic representative of a treaty country (other than the Republic); or
[Para. (b) substituted by s. 31 (e) of Act No. 69 of 1962.]
(c)at a place outside any treaty country, the person, and in the order, indicated, in sub-paragraphs (i), 
(ii), (iv) and (v) of paragraph (b); or
[Para. (c) substituted by s. 31 (e) of Act No. 69 of 1962.]
(d)at a place outside the Republic, where there is no proper officer as defined in paragraph (b) or (c), 
any master of a South African ship who is specially authorized in writing to act as proper officer by 
the Director-General, but only in relation to the functions and duties in respect of which, and subject 
to the conditions subject to which, he has been so authorized to act;
[Definition of “proper officer” amended by s. 1 (b) of Act No. 24 of 1974. Para. (d) added by s. 31 (e) 
of Act No. 69 of 1962.]

“proper return port”, in relation to a master, seaman or apprentice-officer discharged or left behind, 
means—
(a)the port at which the master, seaman or apprentice-officer was engaged; or
(b)a port in a country in which the master, seaman or apprentice-officer is domiciled; or
(c)a port agreed to as such by the master, seaman or apprentice-officer,
as decided by the proper officer;

“qualified local safety certificate” . . . . . .
[Definition of “qualified local safety certificate” deleted by s. 1 (q) of Act No. 13 of 1965.]

“qualified safety certificate” . . . . . .
[Definition of “qualified safety certificate” deleted by s. 1 (r) of Act No. 13 of 1965.]

“qualified safety equipment certificate” . . . . . .
[Definition of “qualified safety equipment certificate” deleted by s. 1 (s) of Act No. 13 of 1965.]

“qualified safety radio exemption certificate” . . . . . .
[Definition of “qualified safety radio exemption certificate” deleted by s. 1 (t) of Act No. 13 of 1965.]

“qualified safety radiotelegraphy certificate” . . . . . .
[Definition of “qualified safety radiotelegraphy certificate” deleted by s. 1 (u) of Act No. 13 of 1965.]

“qualified safety radiotelephony certificate” . . . . . .
[Definition of “qualified safety radiotelephony certificate” deleted by s. 1 (v) of Act No. 13 of 1965.]

“radio” includes radiotelegraphy and radiotelephony;

“radio regulations” means the regulations made under paragraph (a) of sub-section (2) of section three 
hundred and fifty-six to give effect to the relative provisions of the Safety Convention, or such 
regulations as applied under sub-section (3) of the said section;
[Definition of “radio regulations” substituted by s. 1 (w) of Act No. 13 of 1965.]

“recognized non-South African”, used in relation to a safety convention certificate or an international 
load line certificate, signifies that the certificate has been issued by or under the authority of the 
Government of a country other than the Republic to which the Safety Convention or the Load Line 
Convention, as the case may be, applies, and that the certificate complies with the regulations made 
under paragraph (a) of sub-section (2) of section three hundred and fifty-six to give effect to the 
relative provisions of the Safety Convention or with those made under paragraph (c) of that sub-
section to give effect to the relative provisions of the Load Line Convention, respectively;
[Definition of “recognized non-South African” amended by s. 1 (d) of Act No. 40 of 1963 and 
substituted by s. 1 (x) of Act No. 13 of 1965.]

“register tons” and “register tonnage” mean, in relation to a South African ship, the tonnage of the 
ship, either gross or net as the case may be, recorded in the register mentioned in section fifteen; and 
in the case of any other ship, the tonnage accepted or determined by the Minister, Director-General or 
proper officer;

“regulation” means a regulation made under this Act;

“safe” means free from any threat which may cause bodily injury, illness or death;
[Definition of “safe” inserted by s. 1 (i) of Act No. 18 of 1992.]

“safety appointee” means any person appointed in terms of section 355A (1) (a);
[Definition of “safety appointee” inserted by s. 1 (i) of Act No. 18 of 1992.]

“safety committee” means a committee appointed in terms of section 355A (1) (a);
[Definition of “safety committee” inserted by s. 1 (i) of Act No. 18 of 1992.]

“Safety Convention” means the convention set out in the Second Schedule to this Act;
[Definition of “Safety Convention” substituted by s. 1 (e) of Act No. 40 of 1963.]

“safety convention certificate” means a passenger ship safety certificate, a cargo ship safety 
construction certificate, a cargo ship safety equipment certificate, a cargo ship safety radiotelegraphy 
certificate, a cargo safety radiotelephony certificate or an exemption certificate;
[Definition of “safety convention certificate” substituted by s. 1 (y) of Act No. 13 of 1965.]

“safety equipment certificate” . . . . . .
[Definition of “safety equipment certificate” deleted by s. 1 (z) of Act No. 13 of 1965.]

“safety equipment exemption certificate” . . . . . .
[Definition of “safety equipment exemption certificate” deleted by s. 1 (aa) of Act No. 13 of 1965.]

“safety officer” means any person appointed in terms of section 355A (1) (a);
[Definition of “safety officer” inserted by s. 1 (j) of Act No. 18 of 1992.]

“safety radio exemption certificate” . . . . . .
[Definition of “safety radio exemption certificate” deleted by s. 1 (bb) of Act No. 13 of 1965.]

“safety radiotelegraphy certificate” . . . . . .
[Definition of “safety radiotelegraphy certificate” deleted by s. 1 (cc) of Act No. 13 of 1965.]

“safety radiotelephony certificate” . . . . . .
[Definition of “safety radiotelephony certificate” deleted by s. 1 (dd) of Act No. 13 of 1965.]

“safety representative” means any person elected in terms of section 355A (1) (b);
[Definition of “safety representative” inserted by s. 1 (j) of Act No. 18 of 1992.]

“safety standard” means any standard, irrespective of whether or not it has the force of law, which, if 
applied for the purposes of this Act, will in the opinion of the Minister promote the attainment of an 
object of this Act;
[Definition of “safety standard” inserted by s. 1 (j) of Act No. 18 of 1992.]

“savings bank” means the Post Office Savings Bank, or a deposit-taking institution registered under 
the Deposit-taking Institutions Act, 1990 (Act No. 94 of 1990), or, in respect of the allotment of 
premiums, a person registered or deemed to be registered as an insurer under the Insurance Act, 1943 
(Act No. 27 of 1943), or any other body designated by the Minister;
[Definition of “savings bank” substituted by s. 1 (g) of Act No. 5 of 1976 and by s. 1 (k) of Act No. 18 
of 1992.]

“sealing boat” means any ship exclusively employed in seal-catching;
[Definition of “sealing boat” amended by s. 3 (k) of Act No. 30 of 1959.]

“seaman” means any person (except a master, pilot or apprentice-officer) employed or engaged in any 
capacity as a member of the crew of a ship;

“Secretary” . . . . . .
[Definition of “Secretary” inserted by s. 3 (l) of Act No. 30 of 1959 and deleted by s. 1 (d) of Act No. 
3 of 1981.]

“serious injury” includes—
(a)a fracture of the skull, spine or pelvis;
(b)a fracture of any bone other than a bone in the wrist, hand, ankle or foot, or a single rib;
(c)the amputation of a hand or foot;
(d)the loss of sight of an eye;
(e)frost-bite of any bodily extremity which may lead to permanent disfigurement; or
(f)any impairment of a person’s physical condition owing to—
(i)the use of machinery;
(ii)an electrical shock;
(iii)the exposure to hazardous working conditions or hazardous substances or articles; or
(iv)the exposure to natural or artificial environmental extremes,
on board a vessel which results in that person being admitted to hospital as a patient for more than 24 
consecutive hours, or would have resulted in his being so admitted had he been within reach of a 
hospital;
[Definition of “serious injury” inserted by s. 1 (l) of Act No. 18 of 1992.]

“ship” means any vessel used for transportation or for any other purpose on or under the surface of the 
water;
[Definition of “ship” substituted by s. 1 (c) of Act No. 25 of 1985.]

“ship’s officer” means a navigating officer or engineer officer, whether certificated or uncertificated, 
employed as such on board a ship, but does not include a master; and any reference to a ship’s officer 
shall, in its application to a ship in which a mate, boatswain, marine engineman or assistant marine 
engineman is employed, be construed as including a reference to a mate, boatswain, marine 
engineman or assistant marine engineman;

“shore-based whaling boat” means a whaling boat which delivers the whole of its catch to be 
processed in a factory established ashore in the Republic;

“side wall craft” means any air-cushion vehicle of which the walls extending along the sides are 
permanently immersed hard structures;
[Definition of “side wall craft” inserted by s. 1 (d) of Act No. 16 of 1995.]

“short voyage safety certificate” . . . . . .
[Definition of “short voyage safety certificate” deleted by s. 1 (ee) of Act No. 13 of 1965.]

“small vessel” means a vessel of less than twenty-five gross tons and of more than three metres in 
length;
[Definition of “small vessel” inserted by s. 1 (e) of Act No. 3 of 1981.]

“South African ship” means a ship registered in the Republic in terms of this Act or deemed to be so 
registered;

“special load line certificate” means a certificate issued under sub-section (1) of section two hundred 
and seventeen;

“sport or recreation” means any sporting or recreational activity carried on in, on or under the water, 
irrespective of whether that activity is of a competitive nature or whether prizes are involved, provided 
it is not carried on for commercial purposes;
[Definition of “sport or recreation” inserted by s. 1 (b) of Act No. 25 of 1985.]

“standard” means—
(a)any provision occurring in a specification, standard specification, compulsory specification, code of 
practice or standard method within the meaning of the Standards Act, 1982 (Act No. 30 of 1982); or
(b)any provision occurring in any specification, code or any other directive having standardization as 
its aim and issued by an institution or organization inside or outside the Republic which, whether 
generally or with respect to any particular article or matter and whether internationally or in any 
particular country or territory, seeks to promote standardization;
[Definition of “standard” inserted by s. 1 (m) of Act No. 18 of 1992.]

“superior court” means a division of the Supreme Court of South Africa;
[Definition of “superior court” substituted by s. 1 (h) of Act No. 5 of 1976.]

“surveyor” means any person recognized or appointed in terms of section 4 (b) or any qualified person 
employed as surveyor by an organization referred to in an instrument of delegation issued under 
section 4 (d);
[Definition of “surveyor” substituted by s. 1 (k) of Act No. 42 of 1969.]

“this Act” includes any proclamation, notice, rule or regulation issued or made thereunder;

“timber cargo regulations” means the regulations made under paragraph (c) of subsection (2) of 
section three hundred and fifty-six to give to the relative provisions of the Load Line Convention, or 
such regulations as applied under sub-section (3) of the said section;
[Definition of “timber cargo regulations” substituted by s. 1 (ff) of Act No. 13 of 1965.]

“Tonnage Convention” means the International Convention on Tonnage Measurement of Ships, 1969;
[Definition of “Tonnage Convention” inserted by s. 1 (d) of Act No. 25 of 1985.]

“treaty country”, in relation to any provision of this Act, means the Republic and any country, 
including any colony, protectorate or territory subject to the authority or under suzerainty of such 
country or any territory over which a mandate or trusteeship is exercised by such country, which is a 
party to any bilateral treaty or agreement entered into by the Republic in connection with any matter 
dealt with in such provision;
[Definition of “treaty country” inserted by s. 31 (f) of Act No. 69 of 1962.]

“treaty ship” means a ship registered at any place in a treaty country under the relative laws in force at 
that place or any ship which by the law of a treaty country is recognized as a ship belonging to that 
treaty country;
[Definition of “treaty ship” inserted by s. 31 (f) of Act No. 69 of 1962.]

“unseaworthy”, used in relation to a vessel, means that she—
(a)is not in a fit state as to the condition of her hull, equipment or machinery, the stowage of her cargo 
or ballast, or the number or qualifications of her master or crew, or in any other respect, to encounter 
the ordinary perils of the voyage upon which she is engaged or is about to enter; or
(b)does not comply with the conditions of assignment to the extent set forth in paragraph (c) of 
section two hundred and seven; or
(c)is loaded beyond the limits allowed—
(i)by a load line certificate issued in the Republic under this Act; or
(ii)if she is a load line ship, registred in a country in which the Load Line Convention applies, by a 
recognized non-South African international load line certificate; or
[Sub-para. (ii) amended by s. 1 (f) of Act No. 40 of 1963 and substituted by s. 1 (gg) of Act No. 13 of 
1965.]
(iii)by a load line certificate to which a notice issued under section two hundred and eighteen applies:
[Sub-para. (iii) amended by s. 1 (f) of Act No. 40 of 1963.]
Provided that a safety convention ship not registered in the Republic, in respect of which a recognized 
non-South African safety convention certificate is produced, shall not be deemed unseaworthy, as 
regards the condition of her hull, equipment or machinery, unless it appears, on the report of a 
surveyor, that she cannot proceed to sea without danger to human life owing to the fact that the actual 
condition of the hull, equipment or machinery does not correspond substantially with the particulars 
stated in the certificate;
[Definition of “unseaworthy” amended by s. 1 (f) of Act No. 40 of 1963.]

“user”, in relation to machinery, means any person who uses machinery on a vessel for his own 
benefit;
[Definition of “user” inserted by s. 1 (a) of Act No. 18 of 1992.]

“vessel” includes any ship, or any boat, small vessel or other description of vessel used or designed to 
be used in navigation, but excludes any dynamically supported craft;
[Definition of “vessel” substituted by s. 1 (f) of Act No. 3 of 1981 and by s 1(e) of Act No. 16 of 
1995.]

“wages” includes any emoluments;

“whaling boat” means any ship engaged exclusively in whale-catching, or on which any processing 
takes place of the bodies or any portion of the bodies of the whales caught by other whaling boats;

“workplace” means any place on a vessel where an employee performs work in the course of his 
employment;
[Definition of “workplace” inserted by s. 1 (o) of Act No. 18 of 1992.]

“wreck” includes flotsam, jetsam, lagan and derelict found in or on the shores of the sea or of any 
tidal waters of the Republic, any portion of a ship or aircraft lost,
[?FB]abandoned, stranded or in distress, any portion of the cargo, stores or equipment of
 [?NP]such ship or aircraft and any portion of the personal property on board such ship or aircraft 
when it was lost, abandoned, stranded or in distress and belonged to any person who was on board 
that ship or aircraft at that time;

“year” means the calendar year, but for the purpose of the inspection of vessels required by this Act it 
means twelve calendar months from the date of the certificate of inspection or survey.
(2)  . . . . . .
[Sub-s. (2) deleted by s. 31 (g) of Act No. 69 of 1962.]
(3)  Whenever in this Act reference is made to—
(a)an act or omission by or a duty resting upon or a fault committed by a vessel; or
(b)damage or loss suffered by a vessel; or
(c)a liability resting upon a vessel,
such reference shall, unless the context indicates otherwise, be construed as a reference to—
(i)an act or omission by or a duty resting upon or a fault committed by the person responsible for the 
navigation of the vessel in connection with the navigation thereof; or
(ii)damage or loss suffered by the owner or the person having an interest in the vessel or her cargo or 
freight, in connection with the vessel or her cargo or freight; or
(iii)a liability resting upon the person in charge of the vessel or upon the person who in law is 
answerable for the conduct of the person in charge of the vessel, in connection with such conduct,
respectively.
(4)  In this Act references to a ship built before or after any date shall be construed as references to a 
ship the keel of which has been laid before or after that date, as the case may be.
(5)  Any reference in this Act to an entry of an occurrence or other fact in the official log-book of a 
ship shall, in the application of the provision in which the reference occurs to a ship for which no 
official log-book is kept, be construed as a reference to a record of such occurrence or fact made 
otherwise than in an official log-book.
(6)  Any reference in this Act to any order or entry made or document issued under any provision of 
this Act shall, unless otherwise indicated, be construed as including a reference to an order or entry 
made or document issued under the corresponding provision of any law repealed by section one.
3.   Application of Act.—(1)  . . . . . .
[Sub-s. (1) amended by s. 32 (a) of Act No. 69 of 1962 with effect from 1 January, 1960, substituted 
by s. 2 (a) of Act No. 18 of 1992 and deleted by s. 1 of Act No. 49 of 1996.]
(2)  This Act and any amendment thereof shall apply to Marion Island and Prince Edward Island: 
Provided that in its application voyages between ports in the Republic and ports in those islands shall 
be deemed to be voyages between ports in the Republic and ports outside the Republic.
[Sub-s. (2) amended by s. 32 (b) of Act No. 69 of 1962.]
(3)  This Act shall bind the State: Provided that the Minister may by notice direct that sections 102 to 
109, inclusive, 113, 120 to 124, inclusive, 133, 134, 145, 188 and 323 shall not apply in respect of the 
master, seamen or apprentice-officers of any ship named in the notice and belonging to the 
Government of the Republic or to Transnet Limited whose conditions of service are governed by laws 
other than this Act or statutory regulations other than regulations made under this Act.
[Sub-s. (3) amended by s. 2 (a) of Act No. 40 of 1963 and substituted by s. 2 (b) of Act No. 18 of 
1992.]
(4)  Unless otherwise indicated, those provisions of this Act which apply to vessels which are 
registered or licensed in the Republic or which in terms of this Act are required to be so registered or 
licensed shall so apply wherever such vessels may be.
(5)  Unless otherwise indicated, those provisions of this Act which apply to vessels other than those 
referred to in sub-section (4) shall so apply only while such vessels are within the Republic or the 
territorial waters thereof.
(6)  The provisions of this Act shall not apply to ships belonging to the defence forces of the Republic 
or of any other country.
[Sub-s. (6) substituted by s. 2 of Act No. 13 of 1965.]
(7)  The provisions of this Act shall apply to any vessel or ship contemplated in section 68 (3) (b) as if 
such vessel or ship were licensed in terms of this Act.
[Sub-s. (7) substituted by s. 2 of Act No. 25 of 1985.]
(8)  The Minister may by notice in the Gazette declare that any of the provisions of this Act which are 
by that notice specified, subject to the exemptions, modifications and restrictions so specified, and 
which do not by virtue of the other provisions of this Act apply to a particular ship or to ships of a 
particular class, category or tonnage, shall apply to that ship or to ships of that class, category or 
tonnage: Provided that provisions which in terms of this Act apply only to South African ships shall 
not by any such notice be applied also to ships not registered in the Republic and vice versa.
[Sub-s. (8) amended by s. 4 of Act No. 30 of 1959.]
(9)  The Minister may by notice in the Gazette declare that any of the provisions of this Act which are 
by that notice specified, subject to the exemptions, modifications and restrictions so specified, shall 
apply to any dams or other inland waters so specified.
[Sub-s. (9) amended by s. 4 of Act No. 30 of 1959.]
(10)  If it has been made to appear to the Minister that the Government of any country other than the 
Republic is desirous that any of the provisions of this Act, which do not apply to the ships of that 
country should so apply, and there are no special provisions in this Act for that application, the 
Minister may by notice in the Gazette declare that such of those provisions as are by that notice 
specified (subject to the limitations, if any, contained therein) shall apply to the ships of that country 
and to the owners, masters, seamen and apprentice-officers of those ships, when not locally within the 
jurisdiction of the government of that country, in the same manner in all respects as if those ships 
were ships registered in the Republic; and thereupon the provisions so specified shall, subject to such 
limitations, if any, so apply.
[Sub-s. (10) amended by s. 4 of Act No. 30 of 1959.]
(11)  If the Minister is satisfied—
(a)that ships registered in any country other than the Republic are required by the law in force in that 
country to comply with any provisions which are substantially the same as, or equally effective with, 
any of the provisions of this Act which apply to such ships while they are within the Republic or the 
territorial waters thereof; and
(b)that that country has made or has undertaken to make provision for the exemption of South African 
ships while they are within that country or the territorial waters thereof from the corresponding 
requirements of the law of that country,
he may by notice in the Gazette declare that the said provisions of this Act shall not apply to any ship 
of that country, while she is within the Republic or its territorial waters, if it is proved that the ship 
complies with the corresponding provisions of the law in force in that country; and thereafter upon 
such proof being furnished, the said provisions of this Act shall not apply to such ship.
[Sub-s. (11) amended by s. 4 of Act No. 30 of 1959 and substituted by s. 2 (b) of Act No. 40 of 1963.]
(12)  Unless otherwise indicated, only the provisions of sections 9 (5), 223, 259, 264, 313, 343ter, 
355A, 356 and 356ter, read with section 2, shall apply to—
(a)every owner and master of any vessel, every user and every employer of persons on board a vessel;
(b)all crew on board a vessel who have entered into a contract of employment with the master or with 
the owner or operator of such vessel, or any person who in the case of a vessel of less than 100 gross 
register tons can be regarded as crew on board such vessel;
(c)every other person on board a vessel in the execution of his duties;
(d)every working gear, lifting gear, anchor or cable, any machinery, every gangway or 
accommodation ladder, any equipment or every appurtenance in or on a vessel which forms a part of 
the construction or equipment of such vessel, excluding any machinery or equipment brought on 
board a vessel and which does not form part of the equipment of such vessel.
[Sub-s. (12) added by s. 2 (c) of Act No. 18 of 1992.]
(13)  The provisions referred to in subsection (12) shall not apply to a vessel while being constructed 
or dismantled.
[Sub-s. (13) added by s. 2 (c) of Act No. 18 of 1992.]
CHAPTER I
ADMINISTRATION
4.   Powers of Minister.—The Minister may—
(a)subject to the laws governing the public service, appoint such officers as he considers necessary for 
the administration of this Act;
(b)recognize or, subject to the laws governing the public service, appoint as a ship surveyor, engineer 
surveyor or radio or other surveyor any qualified person whom he deems fit to act as such for the 
purposes of this Act;
(c)by notice in the Gazette declare a port in the Republic to be a port of registry for the registration of 
ships;
(c A)subject to such conditions as may be determined by him exempt any person from any of or all the 
provisions of the regulations made under section 356;
[Para. (cA) inserted by s. 2 of Act No. 5 of 1976.]
(d)delegate any of his powers under this Act (except the power of delegation) to any officer or 
organization with respect to the powers or matters specified or the port or area defined in the 
instrument of delegation.
[Para. (d) substituted by s. 2 of Act No. 42 of 1969.]
5.   Director-General to be responsible for administration of Act.—(1)  The DirectorGeneral shall, 
subject to the control of the Minister, be responsible for the administration of this Act, and shall have 
the control of all matters incidental thereto.
(2)  The Director-General shall, subject to the provisions of this Act or any other law, have such 
powers and perform such duties as are assigned to him by the Minister.
(3)  All powers conferred and all duties imposed upon the Director-General may be exercised or 
performed by the Director-General personally or by an officer or, with respect to conditions prescribed 
under section 68 (3) (b), by a person or organization under a delegation from or under the control or 
direction of the Director-General.
[S. 5 substituted by s. 5 of Act No. 30 of 1959. Sub-s. (3) substituted by s. 3 of Act No. 25 of 1985.]
6.   National Marine Advisory Council, National Advisory Council for the Welfare of Merchant 
Seamen, port welfare committees and ad hoc advisory committees.—(1)  . . . . . .
[Sub-s. (1) substituted by s. 3 (a) of Act No. 5 of 1976 and deleted by s. 15 (a) of Act No. 58 of 1987.]
(2)  . . . . . .
[Sub-s. (2) deleted by s. 6 (a) of Act No. 30 of 1959.]
(3)  . . . . . .
[Sub-s. (3) amended by s. 6 (b) of Act No. 30 of 1959 and deleted by s. 15 (a) of Act No. 58 of 1987.]
(4)  . . . . . .
[Sub-s. (4) substituted by s. 3 (b) of Act No. 5 of 1976 and deleted by s. 15 (a) of Act No. 58 of 1987.]
(5)  . . . . . .
[Sub-s. (5) deleted by s. 6 (c) of Act No. 30 of 1959.]
(6)  . . . . . .
[Sub-s. (6) amended by s. 3 of Act No. 40 of 1963 and deleted by s. 1 (a) of Act No. 86 of 1992.]
(7)  The Minister may from time to time appoint a committee for the purpose of advising him in 
regard to any particular matter dealt with by this Act and referred to it.
(8)  The members of every committee referred to in subsection (7) shall be appointed by the Minister 
in accordance with the regulations, and the said councils and committees shall perform their functions 
in accordance with the regulations.
[Sub-s. (8) amended by s. 6 (d) of Act No. 30 of 1959 and by s. 15 (b) of Act No. 58 of 1987 and 
substituted by s. 1 (b) of Act No. 86 of 1992.]
(9)  There shall be paid to members of any committee appointed under subsection (7) such allowances 
towards subsistence and transport as may be prescribed by the regulations made under this Act, or, if 
they are members of the public service, such allowances towards subsistence and transport as are 
prescribed by or under the laws governing the public service.
[Sub-s. (9) amended by s. 6 (e) of Act No. 30 of 1959 and by s. 15 (c) of Act No. 58 of 1987 and 
substituted by s. 1 (b) of Act No. 86 of 1992.]
(10)  . . . . . .
[Sub-s. (10) added by s. 6 (f) of Act No. 30 of 1959 and deleted by s. 1 (c) of Act No. 86 of 1992.]
7.   Survey of ship to ascertain whether she complies with the Act.—Subject to the provisions of this 
Act, a surveyor may inspect any South African ship wherever she may be or any ship not registered in 
the Republic while she is within the Republic or the territorial waters of the Republic for the purpose 
of ascertaining whether she complies with the provisions of this Act.
8.   Duty of proper officer to ensure compliance with this Act.—If a proper officer has reason to 
suspect that the provisions of this Act are not being or have not been complied with in respect of any 
ship within the Republic or the territorial waters of the Republic, which is not registered in the 
Republic, or in respect of any South African ship wherever she may be, he shall take such steps as in 
his opinion are necessary to ensure compliance with the said provisions.
9.   Powers of officers and courts.—(1)  Any—
(a)proper officer or surveyor; or
(b)court of marine enquiry, maritime court or court of survey; or
(c)person appointed in terms of section two hundred and sixty-four or subsection (1) of section two 
hundred and eighty-one, or to whom an appeal is referred in terms of sub-section (1) or (2) of section 
two hundred and eightytwo; or
(d)other person authorized or required by or under this Act, or generally or specially authorized or 
required by the Director-General, to make any survey or inspection or conduct any investigation,
may, in the execution of his or its duty or the exercise of his or its functions—
(i)board any South African ship wherever she may be, or any ship other than a South African ship 
while she is within the Republic or the territorial waters of the Republic, and inspect the same or any 
part thereof, or any equipment thereof, or any articles on board, or any log-books, certificates or other 
documents relating to the ship or the crew thereof, and muster the crew of the ship and interrogate 
them;
(ii)enter any premises, including any land, structure, vehicle or vessel, and inspect the same or any 
articles therein;
(iii)by written notice or otherwise summon any person who in his or its opinion may be able to give 
information which is likely to assist him or it in the carrying out of such duty, or who he or it suspects 
or believes has in his possession or custody or under his control any book, document or thing the 
inspection of which is likely to assist him or it in the carrying out of such duty, to appear before him 
or it at a time and place specified, to be interrogated or to produce that book, document or thing;
(iv)administer an oath to any person appearing in obedience to any summons or otherwise, and 
interrogate him and inspect and detain any book, document or thing produced;
(v)require any person interrogated to subscribe to a declaration of the truth of the statement made by 
him;
(vi)copy any document inspected by or produced to him or it; and
(vii)prohibit the removal of any article from the scene of an accident which must be reported in terms 
of section 259.
[Sub-s. (1) amended by s. 7 (a) of Act No. 30 of 1959. Para. (vii) added by s. 3 (b) of Act No. 18 of 
1992.]
(2)  Every person—
(a)shall upon demand assist to the best of his ability any officer or other person or court in the 
exercise of any of the powers conferred by sub-section (1);
(b)summoned under paragraph (iii) of sub-section (1) whose reasonable expenses have been paid or 
offered to him shall attend at the time and place specified, and remain in attendance until excused by 
the officer or other person or court from further attendance;
[Para. (b) amended by s. 7 (b) of Act No. 30 of 1959.]
(c)shall take the oath administered to him by any officer or other person or court under paragraph (iv) 
of sub-section (1);
(d)shall answer fully and satisfactorily, to the best of his ability, all questions lawfully put to him by 
any officer or other person or court under paragraph (i) or (iv) of sub-section (1), and, upon being 
required to do so, produce any book, document or thing in his possession or under his control: 
Provided that in connection with the interrogation of any such person by, or the production of any 
such book, document or thing to any such officer or other person or court, the law relating to 
privilege, as applicable to a witness summoned to give evidence or produce any book, document or 
thing before a court of law shall apply; and
(e)upon being required to do so, shall subscribe to a declaration of the truth of any statement made by 
him.
(3)  Any person who, after being sworn by an officer or other person or court in the exercise of the 
said powers, gives a false answer to any question put to him, or makes a false statement on any 
matter, knowing that answer or statement to be false, shall be deemed to be guilty of perjury.
(4)  Any person or court referred to in paragraph (a), (b) or (c) of sub-section (1) may in the execution 
of his or its duty or the exercise of his or its functions, if he or it deems it necessary to do so, direct 
that any South African ship wherever she may be, or any ship other than a South African ship while 
she is within the Republic or the territorial waters of the Republic, be taken into dock at the owner’s 
expense, in order that every part of the hull thereof may be inspected.
(5)  (a)  (i)  When an employer performs an act or requires or permits an act to be performed which in 
the opinion of a proper officer or surveyor threatens or is likely to threaten the safety of any person at 
a workplace or in the course of his employment, the proper officer or surveyor may by notice in 
writing prohibit that employer from continuing or commencing with the performance of that act or 
from requiring or permitting that act to be continued or commenced with, as the case may be.
(ii)  When a user uses any machinery or proposes to use it in a manner or in circumstances which in 
the opinion of a proper officer or surveyor threatens or is likely to threaten the safety of any person 
who works with such machinery or who is or may come in the vicinity thereof, such proper officer or 
surveyor may by notice in writing prohibit that user from continuing or commencing with the use of 
such machinery or the use thereof in that manner or those circumstances, as the case may be.
(iii)  A prohibition imposed under subparagraph (i) or (ii) may at any time be revoked in writing by 
the proper officer or surveyor if arrangements to the satisfaction of such proper officer or surveyor 
have been made to dispose of the threat which gave rise to the imposition of the prohibition.
(b)  When a proper officer or surveyor is of the opinion that the safety of any person at a workplace or 
in the course of his employment or in connection with the use of machinery is threatened on account 
of the refusal or failure of an employer or a user, as the case may be, to take reasonable steps in the 
interest of such person’s safety, such proper officer or surveyor may by notice in writing direct that 
employer or user to take such steps as are specified in the notice, within a specified period.
(c)  When on board a vessel in the vicinity of a workplace there is any nuisance which in the opinion 
of a proper officer or surveyor threatens or is likely to threaten the safety of an employee performing 
work at that workplace, such proper officer or surveyor may by notice in writing direct the person 
responsible for such nuisance or the owner or master of such vessel to remove the nuisance within a 
specified period.
(d)  When a proper officer or surveyor is of the opinion that an employer or a user has failed to 
comply with a provision of a regulation applying to him, such proper officer or surveyor may by notice 
in writing direct that employer or user to take, within a period specified in the notice, such steps as in 
the opinion of the proper officer or surveyor are necessary to comply with the said provision and as 
are specified in the notice.
(e)  The period contemplated in paragraph (b), (c) or (d) may at any time be extended by the proper 
officer or surveyor by notice in writing to the person concerned.
(f)  (i)  A proper officer or surveyor may by notice in writing prohibit an employer from requiring or 
permitting employees or any employee belonging to a category of employees specified in the notice, to 
be exposed in the course of their or his employment for a longer period than a period specified in the 
notice to any article or condition which in the opinion of such proper officer or surveyor threatens or 
is likely to threaten the safety of such employees or the employee belonging to such category of 
employees, as the case may be.
(ii)  An employer shall forthwith bring the contents of a notice under subparagraph (i) to the attention 
of the employees or employee concerned.
[Sub-s. (5) inserted by s. 3 (c) of Act No. 18 of 1992.]
CHAPTER II
RECORDING, REGISTERING AND LICENSING OF SHIPS
10.   Notification of building of vessels.—(1)  Every person who at the coming into operation of this 
section is building, or after such coming into operation intends to build, a vessel which when 
completed will be required to be registered or licensed in terms of this Act, shall within sixty days of 
such coming into operation or before beginning to build the vessel, as the case may be, furnish to the 
proper officer at the port where the vessel will be registered or licensed or to the Director-General 
such written particulars of the vessel as may be prescribed.
[Sub-s. (1) substituted by s. 3 of Act No. 42 of 1969.]
(2)  The person on whose account any vessel is built shall for the purposes of subsection (1) be 
deemed to build that vessel.
11.   Qualification for owning ship registered under this Act.—(1)  A ship shall only be registered in 
the Republic if—
(a)the whole of the ship is owned by the Government of the Republic or by persons to each of whom 
one or other of the following descriptions applies:
(i)South African citizens;
(ii)citizens of a treaty country (other than the Republic);
(iii)corporate bodies established under and subject to the law in force in any treaty country and having 
their principal place of business in any treaty country; and
(b)subject to subsection (1A) the ship is not registered elsewhere.
[Sub-s. (1) amended by s. 33 of Act No. 69 of 1962 and by s. 4 of Act No. 40 of 1963 and substituted 
by s. 2 (a) of Act No. 16 of 1995.]
(1A)  Notwithstanding the provisions of subsection (1) (b) or section 20 (1) (e) a ship registered 
elsewhere may be registered in the Republic if—
(a)such ship was sold and transferred in terms of an order of court under section 9 of the Admiralty 
Jurisdiction Regulation Act, 1983 (Act No. 105 of 1983), to the Government of the Republic or to 
persons satisfying the requirements determined by paragraph (a) of subsection (1); and
(b)the said Government or persons produce proof that all reasonable steps to secure the termination of 
the registry elsewhere have been unsuccessful.
[Sub-s. (1A) inserted by s. 2 (b) of Act No. 16 of 1995.]
(2)  No person other than the Government of the Republic or a person who is included in a category 
mentioned in sub-section (1) shall acquire, except by such transmission as is referred to in section 
forty-three, any interest in a ship registered in the Republic.
[Sub-s. (2) amended by s. 4 of Act No. 40 of 1963.]
12.   Power to enquire into the title of a registered ship to be registered.—(1)  If the Minister has 
reason to believe that there is some doubt as to the title of any ship registered as a South African ship 
to be so registered, he may direct the proper officer of the port of registry of the ship to require that 
evidence be given to his satisfaction that the ship is entitled to be registered as a South African ship.
(2)  If within such time as may be determined by the Minister, evidence to the satisfaction of the 
proper officer of the title of the ship to be registered is not given, the ship shall be liable to forfeiture.
13.   Obligation to apply for registry of a ship.—(1)  Whenever the whole of a ship of twenty-five or 
more gross tons is owned—
(a)by the Government of the Republic; or
[Para. (a) amended by s. 5 of Act No. 40 of 1963.]
(b)by persons all of whom in terms of section eleven are qualified to own a South African ship, and—
(i)a majority of the owners either in number of extent of ownership are persons resident in the 
Republic or corporate bodies having their principal place of business within the Republic; or
(ii)the ship is, as to her management and use, principally controlled in the Republic,
the said Government or the other owners, as the case may be, shall, unless she is already registered in 
the Republic or elsewhere apply to the proper officer at one of the ports of registry appointed in terms 
of paragraph (c) of section four for the ship to be registered in terms of this Act.
(2)  The application for registry mentioned in subsection (1) shall be made—
(a)in the case of a ship already owned at the coming into operation of this section by persons who in 
terms of section eleven are qualified to own a South African ship, within one month of such coming 
into operation; and
(b)in the case of a ship acquired after the coming into operation of this section by persons so qualified, 
within one month of the date on which she is so acquired.
(3)  The Minister may in his discretion exempt the owners of certain classes of ships of less than one 
hundred gross tons, to be determined by him, or the owners of ships which are not self-propelled and 
which are used exclusively in a port, from the provisions of this section.
[Sub-s. (3) substituted by s. 4 of Act No. 42 of 1969.]
14.   Ships registered in Republic under repealed law.—All ships registered at a port in the Republic 
at the coming into operation of this section in accordance with the provisions of any law repealed by 
section one shall be deemed to be registered in terms of this Act and the provisions of section thirteen 
shall not apply in respect of such ships.
[S. 14 amended by s. 6 of Act No. 40 of 1963.]
15.   Register to be kept.—The proper officer shall enter all ships registered by him in a special book 
to be kept for the purpose (hereinafter referred to as the register), and such entries shall be made in 
the prescribed manner.
16.   Survey and measurement of ship before registry.—The owner of a ship in respect of which 
application for registry is made shall, upon demand by the proper officer, cause such ship to be 
surveyed by a surveyor, and the tonnage of the ship ascertained, in the prescribed manner. The 
surveyor shall grant a tonnage certificate specifying the ship’s tonnage and build and such other 
particulars as may be required by the regulations, and that certificate shall be delivered to the proper 
officer by the owner before the ship is registered.
17.   Tonnage once ascertained to be the tonnage of ship.—Whenever the tonnage of a ship has been 
ascertained and registered in accordance with this Act, that tonnage shall thenceforth be deemed to be 
the tonnage of the ship, and shall be repeated in every subsequent registry thereof, unless any 
alteration is made in the form or capacity of the ship, or unless it is discovered that the tonnage of the 
ship has been erroneously computed, in either of which cases the ship shall be resurveyed, and her 
tonnage redetermined in accordance with this Act.
18.   Tonnage of ships of other countries.—(1)  Whenever the Minister is satisfied that provisions 
substantially the same as those of this Act relating to the measurement of the tonnage of ships are in 
force in any other country, he may by notice in the Gazette direct that ships registered in that country 
shall without being resurveyed in the Republic be presumed to be of the tonnage denoted in their 
certificates of registry or other national papers, in the same manner, to the same extent, and for the 
same purposes as the tonnage denoted in the certificate of registry of a South African ship is presumed 
to be the tonnage of that ship, and that the space shown by the certificate of registry or other national 
papers of any ship registered in such other country, as deducted from tonnage on account of being 
occupied by seamen or apprentice-officers and appropriated to their use, shall for the purpose of 
determining her tonnage be presumed to have been certified by a surveyor under subsection (2) of 
section two hundred and sixty-two to comply with those of the provisions of this Act which apply to 
such a space in the case of a South African ship.
(2)  Whenever the Minister has given any such direction as is mentioned in subsection (1), the 
presumptions referred to shall apply in respect of any ship registered in the country to which the 
direction relates.
(3)  If any question arises as to whether the tonnage of any ship registered in any country to which any 
such direction relates, as denoted in her certificate of registry or other national papers, materially 
differs from that which would be her tonnage if measured under this Act, or as to whether the 
construction and the equipment of any ship so registered as regards the said space do for the purpose 
of determining the tonnage of the ship conform to the standards required under this Act, the Director-
General may direct that a surveyor inspect the ship.
(4)  If from the report of a surveyor so directed to inspect a ship it appears to the Minister that the 
tonnage of that ship, as so denoted, materially differs from that which would be her tonnage if 
measured under this Act or that her construction and equipment as regards the said space do not, for 
the purpose of determining her tonnage conform to the said standards, or if for any reason it appears 
to the Minister that the tonnage of any ship so registered has been erroneously computed, he may 
order that, notwithstanding any direction for the time being in force under this section, that ship or 
any ship registered in the country to which the direction relates shall, for all or any of the purposes of 
this Act, be surveyed in accordance with this Act.
19.   Marking of ship.—(1)  The owner of a ship who applies for registry under this Act shall before 
registry cause her to be marked permanently and conspicuously in the prescribed manner and to the 
satisfaction of the proper officer, and any ship not so marked may be detained by that officer.
(2)  The owner and the master of a South African ship shall take all reasonable steps to ensure that 
the ship remains marked as required by this section or by subsection (2) of section thirty-six, or, in the 
case of a ship referred to in section fourteen, that she remains marked as required by the law under 
which she was registered, and the said owner or master shall not cause or permit any alterations of 
such marks to be made, except in the event of any of the particulars thereby denoted being altered in 
the manner provided in this Act, or except to evade capture by an enemy or by a foreign ship of war in 
the exercise of some belligerent right.
20.   Evidence on first registry.—(1)  On the first registry of a ship in the Republic the owner shall 
produce—
(a)a declaration of ownership, in the prescribed form;
(b)a certificate signed by the builder and containing a true account of the size and dimensions and the 
tonnage of the ship as estimated by the said builder, and of the time when and the place where she 
was built, and of the name of the person on whose account she was built, unless the person who makes 
the declaration of ownership declares that the time and place of building are unknown to him, or that 
the builder’s certificate cannot be obtained, in which case there shall be required only the deed of sale 
under which the ship became vested in the applicant for registry;
[Para. (b) substituted by s. 5 (a) of Act No. 42 of 1969.]
(c)if there has been any sale, the deed of sale under which the ship has been vested in the applicant for 
registry;
(d)in the case of a ship that has been forfeited, an official copy of the notice of forfeiture;
(e)if the ship was registered elsewhere, subject to section 11 (1A), proof that the ship is no longer so 
registered.
[Par. (e) added by s 3 of Act No. 16 of 1995.]
(2)  The builder of a ship shall not refuse or omit upon request by the owner to grant the certificate 
required by this section.
[Sub-s. (2) substituted by s. 5 (b) of Act No. 42 of 1969.]
(3)  The proper officer may demand proof of ownership of the ship to his satisfaction before 
proceeding with the registry of the ship.
21.   Entry of particulars in register.—As soon as the requirements of this Act preliminary to registry 
have been complied with the proper officer shall enter in the register the following particulars:
(a)the name of the ship and the name of the port to which she belongs;
(b)the details contained in the tonnage certificate referred to in section sixteen;
(c)the origin of the ship, as stated in the declaration of ownership;
(d)the name, address and occupation of the owner of the ship, and if there are more owners than one, 
what share in the ship is held by each owner.
22.   Documents to be retained by proper officer.—On the registry of a ship in the Republic the proper 
officer shall retain in his possession the following documents:
(a)all declarations of ownership;
(b)the tonnage certificate;
(c)the builder’s certificate;
(d)all deeds of sale of the ship previously made and no longer of force and effect; and
(e)the copy of the notice of forfeiture, if any.
23.   Certificate of registry.—On completion of the registry of a ship, the proper officer shall grant a 
certificate of registry in the prescribed form, containing the particulars respecting the ship entered in 
the register in accordance with section twenty-one and stating the name of her master.
24.   Custody of certificate of registry.—(1)  A certificate of registry granted in terms of section 
twenty-three shall not be subject to detention by reason of any title to, lien on, charge against, or 
interest in the ship held or claimed by any person.
(2)  No person who has in his possession or under his control the certificate of registry of a ship shall 
refuse or omit without reasonable cause to deliver such certificate on demand to the person entitled to 
the custody thereof.
25.   Improper certificate of registry not to be used.—The owner or master—
(a)of a South African ship, wherever she may be; or
(b)of a ship other than a South African ship, while she is within the Republic or the territorial waters 
of the Republic,
shall not use or allow to be used for the navigation of that ship a certificate of registry not lawfully 
granted in respect of that ship, or produce or put off as a certificate of registry of that ship any 
document other than the certificate of registry lawfully granted in respect of that ship.
26.   Power to grant new certificate of registry.—(1)  The proper officer at the port of registry of a 
South African ship may, on delivery to him of the certificate of registry of the ship, grant a new 
certificate in lieu thereof.
(2)  If the certificate of registry of a South African ship is mislaid, lost, or destroyed, the proper officer 
at the port of registry shall, subject to the regulations, grant a new certificate of registry in lieu of the 
original certificate.
(3)  If the port at which a South African ship is at the time the event referred to in subsection (2) 
occurs, or first arrives after the event occurs, is not in the Republic, the master of the ship or some 
other person having knowledge of the facts of the case shall furnish the proper officer at that port with 
a declaration stating the facts of the case and the names and descriptions of the registered owners of 
the ship, and the proper officer may thereupon grant a provisional certificate, containing a statement 
of the circumstances in which it is granted.
(4)  The master of a ship in respect of which a provisional certificate has been granted under 
subsection (3) shall, within ten days after the first subsequent arrival of the ship at a port in the 
Republic, deliver the provisional certificate to the proper officer at the port of registry, and the proper 
officer shall thereupon grant a new certificate of registry.
27.   Endorsement of change of master on certificate of registry.—(1)  Whenever the master of a 
South African ship is changed, a memorandum of such change shall be endorsed on the certificate of 
registry—
(a)if the change is made in consequence of the finding of a court of marine enquiry or a maritime 
court, by the presiding officer of that court;
(b)if the change occurs from any other cause, by the proper officer at the place where the change takes 
place.
(2)  The person who makes the endorsement referred to in subsection (1) shall forthwith report the 
change of master to the Director-General, and the proper officer at any port in the Republic may 
refuse to permit any person to do any act there as master of a South African ship unless such person’s 
name is inserted in or endorsed on the certificate of registry as the last appointed master of that ship.
(3)  This section shall not apply in respect of any ship belonging to the Railway Administration and 
used by that Administration in connection with the working of its harbours.
28.   Endorsement of change of ownership on certificate of registry.—(1)  Whenever a change occurs 
in the registered ownership of a South African ship, such change of ownership shall be endorsed on 
the certificate of registry by the proper officer at the ship’s port of registry, or by the proper officer at 
any other port at which the ship arrives after such officer has been advised of the change by the proper 
officer at the ship’s port of registry.
(2)  If a change of ownership of a South African ship occurs when the ship is at her port of registry, 
the master shall, for the purpose of endorsement in terms of subsection (1), deliver the certificate of 
registry to the proper officer immediately after such change of ownership takes place, or upon the 
ship’s return to that port, if the change occurs during the absence of the ship from that port and no 
endorsement in terms of subsection (1) has been made by a proper officer at some other port.
(3)  The proper officer at any port who is by this section required to make an endorsement on the 
certificate of registry of a South African ship, may require the master to produce such certificate 
forthwith.
29.   Procedure when ship is lost or ceases to be a South African ship.—(1)  (a)  In the event of a 
South African ship being either actually or constructively lost, taken by the enemy, burnt or broken 
up, or ceasing to be a South African ship by reason of transfer to a person not qualified to own a South 
African ship or for any other cause, the registered owner of the ship or of any share in the ship shall 
immediately on obtaining knowledge of the event report the particulars thereof to the proper officer at 
the port of registry of the ship, who shall record such particulars in the register and, subject to the 
provisions of paragraph (c), close the registry of the ship in that register.
(b)  The registered owner of a South African ship or of any share in such ship subject to any 
unsatisfied mortgage or existing certificate of mortgage entered in the register shall not in any manner 
transfer such ship or share to any other person without the written consent of all the mortgagees.
(c)  Where a South African ship or share referred to in paragraph (b) is transferred without the written 
consent contemplated in that paragraph, the proper officer concerned shall not close the registry of 
such ship in the relevant register without the written consent of all the mortgagees.
[Sub-s. (1) substituted by s. 1 (a) of Act No. 70 of 1977.]
(2)  Where any of the events referred to in subsection (1) (a) occurs, except where the ship’s certificate 
of registry is lost or destroyed, the master of the ship shall immediately, if the event occurs in port, or 
within three days after his arrival in port, if it occurs elsewhere, deliver the certificate to the proper 
officer, and that officer shall forthwith forward the certificate to the proper officer at the port of 
registry of the ship.
[Sub-s. (2) substituted by s. 1 (b) of Act No. 70 of 1977.]
(3)  Where a South African ship or share in such ship subject to any unsatisfied mortgage or existing 
certificate of mortgage entered in the register is in any manner transferred to any person without the 
written consent contemplated in subsection (1) (b) and the ship thereafter comes within the area of 
jurisdiction of any court in the Republic or in any other treaty country which has jurisdiction to give 
judgment upon any unsatisfied mortgage entered in the register including any mortgage made under a 
certificate of mortgage entered in the register, and to order that the ship be sold in execution of the 
judgment, or which would have had such jurisdiction if the transfer of the ship had not been made, the 
court may exercise such jurisdiction notwithstanding the transfer of the ship, without prejudice, in a 
case in which the ship has been sold under a judgment of a court, to the effect of that judgment.
[Sub-s. (3) amended by s. 34 of Act No. 69 of 1962 and substituted by s. 1 (c) of Act No. 70 of 1977.]
(4)  For the purposes of subsection (1) a ship shall be deemed to be constructively lost if—
(a)she is reasonably abandoned on account of her actual total loss appearing to be unavoidable; or
(b)she cannot be preserved from actual total loss without an expenditure which would exceed her 
value when the expenditure had been incurred; or
(c)she has been so damaged that the cost of repairing the damage would exceed her value when 
repaired.
30.   Provisional certificate for ship which elsewhere than in the Republic becomes the property of a 
person qualified to own a South African ship.—(1)  If at a port outside the Republic a ship becomes 
the property of a person qualified to own a South African ship, and if that person declares to the 
proper officer at that port or the Director-General that it is his intention to apply to have her 
registered in the Republic the proper officer or the Director-General, as the case may be, may grant to 
the master of the ship, on application by him, a provisional certificate stating—
(a)the name of the ship;
(b)the time and place of her purchase, and the name and address of the purchaser;
(c)the name of the master; and
(d)the best particulars respecting the tonnage, build, and description of the ship which he is able to 
obtain,
and the proper officer shall, if the certificate is issued by him, forward a copy thereof at the first 
convenient opportunity to the Director-General.
[Sub-s. (1) amended by s. 7 of Act No. 40 of 1963.]
(2)  A provisional certificate issued in terms of subsection (1) shall be deemed to be a certificate of 
registry until the expiry of six months from the date on which it was issued, or until the ship’s arrival 
at a port of registry in the Republic, whichever is the earlier date, but shall thereafter have no effect.
31.   Temporary passes in lieu of certificates of registry.—Whenever by reason of special 
circumstances it appears desirable to the Director-General that permission should be granted to a ship 
which, in terms of this Act, is entitled to be registered in the Republic, or, in terms of the laws in force 
in any other treaty country is entitled to be registered in that treaty country to proceed to sea without 
being previously registered, he may authorize the granting of a pass in the prescribed form for the 
ship to be taken from any port in the Republic to any other port in the Republic or, as the case may be, 
to any port in that other treaty country, and that pass shall for the time and within the limits therein 
mentioned be deemed to be a certificate of registry.
[S. 31 amended by s. 35 of Act No. 69 of 1962.]
32.   Notification of alterations in ships.—(1)  The master or owner of a South African ship which is 
so altered that she does not correspond with the particulars contained in the register relating to her 
tonnage or description shall—
(a)if at the time when the alteration is made the ship is at a port which has in terms of paragraph (c) 
of section four been declared to be a port or registry, within three days after the making of the 
alteration, notify the proper officer there of the alteration; or
(b)if the ship is not at such a port at the time when the alteration is made, but arrives at such a port 
within three months after the making of the alteration, within three days after she first arrives at such 
a port, notify the proper officer there of the alteration; or
(c)if the ship is not at such a port at the time when the alteration is made and does not arrive at such a 
port during the period of three months after the making of the alteration, as soon as practicable after 
the expiry of the said period, notify the proper officer at the ship’s port of registry of the alteration.
(2)  Every notification in terms of subsection (1) shall be in writing and shall—
(a)in the case referred to in paragraph (a) or (b) of that subsection, be delivered to the proper officer, 
accompanied by the certificate of registry of the ship and a certificate by a surveyor stating the 
particulars of the alteration; or
(b)in the case referred to in paragraph (c) of that subsection, be sent by registered post to the proper 
officer, accompanied by an application for registry anew of the ship.
[S. 32 substituted by s. 8 of Act No. 30 of 1959.]
33.   Registry of alterations.—(1)  If the proper officer to whom a notification of any alteration is 
given in terms of paragraph (a) or (b) of subsection (1) of section thirty-two is the proper officer at the 
ship’s port of registry, he shall, upon receipt by him of the notification and of the certificate of registry 
and surveyor’s certificate referred to in paragraph (a) of subsection (2) of that section, either direct 
that the ship be registered anew or endorse the particulars of the alteration on the existing certificate 
of registry and in the latter event he shall record in the register the particulars of the alteration and the 
fact that they have been endorsed on the certificate of registry.
(2)  (a)  If the proper officer to whom notification of any alteration is given in terms of paragraph (a) 
or (b) of subsection (1) of section thirty-two is not the proper officer at the ship’s port of registry, he 
shall, upon receipt by him of the notification and of the certificate of registry and surveyor’s certificate 
referred to in paragraph (a) of subsection (2) of that section, either withdraw the existing certificate of 
registry and direct that the ship be registered anew and, upon receipt of the application for registry 
anew of the ship, grant a provisional certificate of registry describing the ship as altered or endorse 
the particulars of the alteration on the existing certificate of registry.
(b)  Where a proper officer has granted a provisional certificate of registry or endorsed a certificate of 
registry in terms of paragraph (a), he shall forthwith report to the proper officer at the ship’s port of 
registry the particulars of the case and transmit to him the surveyor’s certificate delivered in terms of 
paragraph (a) of subsection (2) of section thirty-two and, where a provisional certificate has been 
granted, the application in pursuance of which it was granted and the withdrawn certificate of 
registry.
(3)  Upon receipt by the proper officer at the ship’s port of registry of the report made and documents 
transmitted to him in terms of subsection (2), he shall record in the register the particulars of the 
alteration and the fact that a provisional certificate of registry has been granted, or, as the case may 
be, that the particulars of the alteration have been endorsed on the existing certificate of registry.
(4)  (a)  The master or owner of a ship in respect of which a provisional certificate of registry has been 
granted under subsection (2) shall, unless she has been registered anew in terms of paragraph (b), 
within three days after the first subsequent arrival of that ship at her port of registry deliver that 
certificate to the proper officer at that port, who shall retain that certificate and register the ship anew.
(b)  If the proper officer at the ship’s port of registry has reason to believe that the ship will not arrive 
at that port within a reasonable period, he may register the ship anew and transmit the new certifiate 
of registry granted by him in terms of subsection (1) of section thirty-five to the proper officer at any 
port at which the ship is or for which she is bound, for delivery to the master or owner of the ship 
against the surrender of the provisional certificate of registry.
(c)  The proper officer to whom the provisional certificate of registry is surrendered shall forthwith 
transmit it to the proper officer at the ship’s port of registry.
(5)  (a)  Upon receipt by the proper officer at the ship’s port of registry of the notification and 
application referred to in paragraph (b) of subsection (2) of section thirtytwo, he shall register the ship 
anew and transmit the new certificate of registry granted by him in terms of subsection (1) of section 
thirty-five to the proper officer at any port at which the ship is or for which she is bound, for delivery 
to the master or owner of the ship against the surrender of the old certificate of registry.
(b)  The proper officer to whom the old certificate of registry is surrendered shall forthwith transmit it 
to the proper officer at the ship’s port of registry.
(6)  If a proper officer directs that a ship be registered anew, the owner of the ship shall forthwith 
make application for registry anew of the ship.
[S. 33 substituted by s. 9 of Act No. 30 of 1959.]
34.   Registry anew on change of ownership.—If the ownership of a South African ship is changed, 
the proper officer of the port at which the ship is registered may on application by the owner of the 
ship register the ship anew, but, subject to the provisions of paragraph (f) of section fifty-five, the 
owner shall not be obliged to apply for registry anew in such circumstances.
35.   Procedure for registry anew.—(1)  If a South African ship is to be registered anew the proper 
officer shall proceed as in the case of first registry, and shall, subject to the provisions of this Act 
make such registry anew, and grant a certificate thereof.
[Sub-s. (1) amended by s. 10 of Act No. 30 of 1959.]
(2)  When a South African ship is registered anew her former registry shall be considered as closed 
except so far as relates to any unsatisfied mortgages or existing certificates of sale or mortgage entered 
therein, but the names of all persons appearing in the former registry as being interested in the ship as 
owners or mortgagees shall be entered in the new registry, and the registry anew shall not in any way 
affect the rights of any of those persons.
36.   Transfer of registry.—(1)  The registry of a South African ship may be transferred in accordance 
with the regulations from one port to another on application to the proper officer by the owner of the 
ship, and on completion of the transfer the ship shall be considered as registered at the new port of 
registry.
(2)  The owner shall cause to be made such changes in the marking of the ship consequent upon the 
transfer of registry as may be prescribed.
(3)  Transfer of the registry of a ship under subsection (1) shall in no way affect the rights of any 
person appearing on the register to be interested in the ship as owner or mortgagee.
37.   Re-registration of abandoned ships.—If a ship has ceased to be registered as a South African 
ship by reason of having been wrecked or abandoned, or for any other reason except capture by the 
enemy or transfer to a person not qualified to own a South African ship, the ship shall not be re-
registered until she has at the expense of the applicant for registration been inspected by a surveyor 
and certified by him to be seaworthy.
38.   Names of ships.—A South African ship shall not be described or registered by or marked with 
any name, and the name of a registered ship shall not be altered, except in accordance with the 
regulations.
39.   Transfer of ships or shares.—(1)  A South African ship or a share therein when disposed of to a 
person qualified to own a South African ship shall be transferred by deed of sale.
(2)  The deed of sale shall contain such description of the ship as is contained in the surveyor’s 
certificate, or some other description sufficient to identify the ship to the satisfaction of the proper 
officer, and shall be in the prescribed form.
40.   Declaration of transfer.—When a South African ship or a share therein is transferred the 
transferee shall not be entitled to be registered as owner thereof until he has made and signed a 
declaration of transfer in the prescribed form.
41.   Registry of transfer.—(1)  Every duly executed deed of sale for the transfer of a South African 
ship or of a share therein shall be produced to the proper officer at the port of registry of the ship, with 
the declaration of transfer and any other documents which in terms of the regulations have to 
accompany such deed, and the proper officer shall thereupon enter in the register the name of the 
transferee as owner of the ship or share, and shall endorse on the deed of sale the fact that such entry 
has been made, with the date and time of entry.
[Sub-s. (1) amended by s. 11 of Act No. 30 of 1959.]
(2)  Deeds of sale of a ship or of a share therein shall be entered in the register in the order of their 
production to the proper officer.
42.   Transmission of property in ship on marriage or death, etc.—(1)  When ownership of a South 
African ship or share therein is transmitted on marriage or death of any registered owner, or by any 
lawful means other than by a transfer under this Act, to a person qualified to own a South African 
ship, that person shall execute a declaration in the prescribed form certifying that the transmission has 
taken place.
(2)  If the transmission takes place by virtue of marriage, the declaration shall be accompanied by a 
copy of the register or other legal evidence of the marriage.
(3)  If the transmission is consequent on death, the declaration shall be accompanied by a certificate 
signed by the master of a superior court having jurisdiction in respect of the estate of the deceased 
person from whom the ownership of the ship or share has been transmitted, stating the name of the 
person to whom the ship or share has been transmitted, and the letters of administration of the 
executor, or if no master of a superior court has such jurisdiction, the declaration shall be 
accompanied by other proof of the transmission to the satisfaction of the proper officer.
(4)  The proper officer, on receipt of the duly executed declaration and the documents by which in 
terms of subsections (2) and (3) and the regulations it must be accompanied, shall enter in the register 
as owner the name of the person to whom the ownership of the ship or share has been so transmitted.
[Sub-s. (4) amended by s. 12 of Act No. 30 of 1959.]
43.   Order for sale on transmission to unqualified person.—(1)  When ownership of a South African 
ship or share therein is transmitted on marriage or death or otherwise to a person not qualified to own 
a South African ship, that person may apply to the DirectorGeneral for an order directing that the 
property be sold and the proceeds of the sale, after deduction of the expenses thereof, be paid to him.
(2)  The application shall be made in the form and manner prescribed, and shall be accompanied by 
proofs of the applicant’s claim.
(3)  Upon any such application being made to him, the Director-General shall direct that notice of the 
application be published in the Gazette and in such newspapers and be served upon such persons as he 
may determine. The notice shall be in a form approved by the Director-General and shall call upon all 
persons who may object to the order being made to lodge their objections in writing with the Director-
General within a period determined by him and mentioned in the notice.
(4)  Upon proof of the due publication and service of the notice, the Director-General shall, if no 
objection in writing has been lodged with him within the period mentioned in the notice, and if he is 
satisfied of the justice of the applicant’s claim, make the order applied for.
(5)  If objection in writing is lodged with the Director-General within the period mentioned in the 
notice, or if he is not satisfied of the justice of the applicant’s claim, he shall refuse to make the order.
(6)  If the Director-General refuses to make the order, the applicant may apply to the superior court 
within whose area of jurisdiction the port of registry of the ship is situated for such an order as is 
referred to in subsection (1).
(7)  The court may make the order on any terms and conditions it thinks fit, or may refuse to make the 
order, or generally may do what it considers best in the interests of the justice of the case.
(8)  Every such application to the Director-General shall be made within thirty days after the date on 
which the event occurred on which the transmission took place, and every such application to the 
court shall be made within thirty days after the refusal by the Director-General to make the order. The 
court may allow an extension of the time (not exceeding in all one year from the said date) within 
which the application to the DirectorGeneral or the court must be made.
(9)  If such application is not made within the time fixed by or extended under subsection (8), or if the 
court refuse an order for sale, the ship or share transmitted shall be liable to forfeiture.
44.   Transfer of ship or sale by order of Director-General or court.—When the Director-General, in 
terms of section forty-three, or when any court, whether in terms of that section or otherwise, orders 
the sale of any South African ship or share therein, the orer shall contain a declaration vesting in 
some person named therein the right to transfer the ship or share. The person so named shall 
thereupon be entitled to transfer the ship in the same manner and to the same extent as if he were the 
registered owner thereof, and the proper officer shall in respect of any such transfer regard that person 
as the registered owner.
45.   Power of court to prohibit transfer.—On the application of an interested party the superior court 
within whose area of jurisdiction the port of registry of a ship is situated may, without prejudice to the 
exercise of any other power of the court, make an order prohibiting for a time specified any dealing 
with that ship or any share therein, and may make the order on any terms or conditions it deems fit, or 
may refuse to make the order, or may discharge the order when made, and generally may do what it 
considers best in the interests of the justice of the case, and the proper officer shall on being served 
with the order or an official copy thereof obey the same.
46.   Mortgage of ship or share not to be registered in deeds registry.—(1)  Notwithstanding anything 
contained in the Deeds Registries Act, 1937 (Act No. 47 of 1937), or in any other law, but subject to 
the provisions of subsection (2), a South African ship or a share in a South African ship shall not after 
the coming into operation of this section be mortgaged by bond registered in a deeds registry, and no 
bond so registered—
(a)before such coming into operation shall after the expiration of sixty days from such coming into 
operation; or
(b)after such coming into operation shall after its registration,
confer upon the mortgagee any preference as against other creditors.
(2)  The mortgagee under any bond by which is hypothecated a South African ship or a share in a 
South African ship and which is registered in a deeds registry at the coming into operation of this 
section may produce to the proper officer at the ship’s port of registry within sixty days after such 
coming into operation or within such further period as the Director-General in the particular case may 
allow a copy of the duplicate original of the bond filed in the deeds registry certified by the registrar of 
deeds in charge of that registry. Thereupon the proper officer shall record the mortgage in the 
register, and thereafter the provisions of this Act relating to the mortgage of ships and shares in ships 
shall apply in respect of that mortgage: Provided that for the purposes of section forty-nine and 
paragraph (e) of section fifty-six the mortgage shall be deemed to have been registered in the register 
on the date on which and at the time at which the said bond was registered in the deeds registry.
(3)  Whenever the proper officer records any mortgage in terms of subsection (2) he shall send written 
notice thereof to the registrar of deeds in charge of the deeds registry in which the bond was 
registered. Upon receipt of such notice the registrar shall endorse upon the duplicate original of the 
bond filed in the deeds registry the fact that the mortgage has been so recorded.
47.   How ship or share mortgaged.—(1)  A South African ship or share therein may be mortgaged as 
security for a loan or other debt, and the instrument creating the mortgage shall be called a deed of 
mortgage and shall be in the prescribed form. On the production of such instrument the proper officer 
at the ship’s port of registry shall record the mortgage in the register.
(2)  Mortgages shall be recorded by the proper officer in the order in which the deeds creating them 
are produced to him, and he shall endorse on each deed that it has been so recorded, stating the date 
and time of that record.
48.   Discharge of mortgage.—If a registered mortgage is discharged the proper officer shall, on the 
production of the deed of mortgage, with a receipt for the mortgage money endorsed thereon, duly 
signed and attested, make an entry in the register to the effect that the mortgage has been discharged, 
and shall cancel the deed of mortgage.
49.   Priority of mortgages.—If there are more mortgages than one registered in respect of the same 
South African ship or share in a South African ship, the respective mortgagees claiming thereunder 
shall, notwithstanding any express, implied or constructive notice, but subject to the proviso to 
subsection (2) of section forty-six, be entitled in priority, one before the other, according to the date 
and time at which each mortgage is recorded in the register, and not according to the date and time at 
which each deed of mortgage was executed.
50.   Rights of mortgagee.—(1)  The mortgagee under a registered mortgage of a ship or a share in a 
ship shall be entitled to recover the amount due under the mortgage in any court of competent 
jurisdiction, and when giving judgment of thereafter the court may direct that the mortgaged ship or 
share be sold in execution of the judgment.
(2)  Subject to the provisions of sub-section (1), the mortgagee under a registered mortgage of a ship 
or a share in a ship shall not merely by virtue of the mortgage be entitled to sell or otherwise dispose 
of the mortgaged ship or share.
51.   Preference under mortgage not affected by insolvency.—(1)  The right of preference given to a 
mortgagee by a registered mortgage of a South African ship or a share in a South African ship shall 
not be affected by any act of insolvency committed by the mortgagor, or by the sequestration of the 
estate of the mortgagor after the date of the record of the mortgage.
(2)  The provisions of sub-section (1) shall be subject to the provisions of sections twenty-six, twenty-
seven, twenty-nine, thirty, thirty-one and eighty-eight of the Insolvency Act, 1936 (Act No. 24 of 
1936); and in the application of the said section eighty-eight to the mortgage of a ship or share the 
references in that section to the registrar of deeds and a mortgage bond shall be construed as 
references to the proper officer and a deed of mortgage, respectively.
51A.   . . . . . .
[S. 51A inserted by s. 2 of Act No. 70 of 1977 and repealed by s. 16 (1) of Act No. 105 of 1983.]
52.   Transfer of mortgage.—(1)  A registered mortgage of a South African ship or a share in a South 
African ship may be transferred to any person by deed of cession in the prescribed form, and on the 
productio