MERCHANT SHIPPING AMENDMENT ACT

NO. 42 OF 1969

[ASSENTED TO 25 APRIL, 1969][DATE OF 
COMMENCEMENT: 7 MAY, 1969]

(English text signed by the State President)

ACT

To amend the provisions of the Merchant Shipping Act, 1951, 
as to definitions; the power of the Minister to delegate; 
notification of building of vessels; the obligation to apply for 
registration of a ship; evidence on first registration; prohibition 
of use of unlicensed vessels; the granting of certificates of 
service; certificates granted by competent foreign authorities; 
agreements with crew; the reporting of changes in crew; the 
discharge of seamen before a proper officer; payment of wages 
on discharge of a seaman of a South African ship; the delivery 
of an account of wages; the issue of load line exemption 
certificates; the initial and subsequent surveys of ships in 
respect of load line provisions; the issue of load line certificates; 
the surrender of expired or cancelled load line certificates; the 
prohibition of the taking of South African ships to sea without 
load line certificates; the display of a safety convention 
certificate, local safety certificate or load line certificate; 
information about stability of a ship; reports to a proper officer 
of accidents to ships; preliminary enquiries into shipping 
casualties; powers of court of marine enquiry in respect of 
master or ship’s officer; powers of maritime courts; opportunity 
of making a defence; effect of cancellation or suspension of 
certificate of master or ship’s officer or prohibition of 
employment; prohibition of endorsement of such a certificate; 
the powers of the Minister in respect of a cancelled or 
suspended certificate; and to provide for incidental matters.

1.   Amends section 2 (1) of the Merchant Shipping Act, No. 57 
of 1951, as follows:— paragraph (a) substitutes the definition of 
“international load line certificate”; paragraph (b) inserts the 
definition of “international load line exemption certificate”; 
paragraph (c) substitutes the definition of “international load 
line ship”; paragaph (d) inserts the definition of “load line 
exemption certificate”; paragraph (e) substitutes the definition 
of “load line ship”; paragraph (f) substitutes the definition of 
“local general safety certificate”; paragraph (g) substitutes the 
definition of “local load line certificate”; paragraph (h) inserts 
the definition of “local load line exemption certificate”; 
paragraph (i) substitutes the definition of “local load line ship”; 
paragraph (j) substitutes paragraph (b) (i) of the definition of 
“proper officer”; and paragraph (k) substitutes the definition of 
“surveyor”.

2.   Amends section 4 of the Merchant Shipping Act, No. 57 of 
1951, by substituting paragraph (d).

3.   Amends section 10 of the Merchant Shipping Act, No. 57 of 
1951, by substituting subsection (1).

4.   Amends section 13 of the Merchant Shipping Act, No. 57 of 
1951, by substituting subsection (3).

5.   Amends section 20 of the Merchant Shipping Act, No. 57 of 
1951, as follows:— paragraph (a) substitutes subsection (1) (b); 
and paragraph (b) substitutes subsection (2).

6.   Substitutes section 72 of the Merchant Shipping Act, No. 57 
of 1951.

7.   Amends section 80 of the Merchant Shipping Act, No. 57 of 
1951, by substituting subsections (1), (2), (3), (4) and (5).

8.   Substitutes section 83 of the Merchant Shipping Act, No. 57 
of 1951.

9.   Amends section 102 of the Merchant Shipping Act, No. 57 
of 1951, by substituting subsection (3) (f).

10.   Amends section 104 of the Merchant Shipping Act, No. 57 
of 1951, by substituting subsection (1).

11.   Amends section 113 of the Merchant Shipping Act, No. 57 
of 1951, by substituting subsection (4).

12.   Substitutes section 120 of the Merchant Shipping Act, No. 
57 of 1951.

13.   Amends section 121 of the Merchant Shipping Act, No. 57 
of 1951, as follows:— paragraph (a) substitutes subsection (1): 
paragraph (b) deletes subsection (2); and paragraph (c) 
substitutes subsection (3).

14.   Amends section 204 of the Merchant Shipping Act, No. 57 
of 1951, as follows:— paragraph (a) substitutes subsections (1) 
and (2); and paragraph (b) deletes subsection (4).

15.   Amends section 205 of the Merchant Shipping Act, No. 57 
of 1951, by substituting subsection (2).

16.   Substitutes section 207 of the Merchant Shipping Act, No. 
57 of 1951.

17.   Amends section 211 of the Merchant Shipping Act, No. 57 
of 1951, by substituting subsection (1).

18.   Amends section 212 of the Merchant Shipping Act, No. 57 
of 1951, by substituting paragraphs (a) and (b).

19.   Substitutes section 224 of the Merchant Shipping Act, No. 
57 of 1951.

20.   Amends section 226 of the Merchant Shipping Act, No. 57 
of 1951, by substituting subsections (1) and (2).

21.   Amends section 259 of the Merchant Shipping Act, No. 57 
of 1951, by substituting subsection (2).

22 and 23.   Substitute respectively sections 264 and 269 of the 
Merchant Shipping Act, No. 57 of 1951.

24.   Amends section 273 of the Merchant Shipping Act, No. 57 
of 1951, by substituting subsection (1) (b).

25.   Amends section 283 of the Merchant Shipping Act, No. 57 
of 1951, as follows:— paragraph (a) substitutes in subsection 
(2) all the words preceding paragraph (a); paragraph (b) 
substitutes subsection (2) (a); and paragraph (c) substitutes 
subsection (3).

26 and 27.   Substitute respectively sections 287 and 289 of the 
Merchant Shipping Act, No. 57 of 1951.

28.   Amends section 290 of the Merchant Shipping Act, No. 57 
of 1951, as follows:— paragraph (a) substitutes paragraph (b); 
and paragraph (b) adds paragraph (c).

29.   Short title.—This Act shall be called the Merchant 
Shipping Amendment Act, 1969.