MERCHANT SHIPPING AMENDMENT ACT

NO. 3 OF 1981

[ASSENTED TO 4 FEBRUARY, 1981][DATE OF 
COMMENCEMENT: 13 FEBRUARY, 1981]

(Unless otherwise indicated)

(Afrikaans text signed by the State President)

ACT

To amend the Merchant Shipping Act, 1951, so as to insert, 
substitute or delete certain definitions; to further regulate the 
licensing of small vessels; to prohibit the use of vessels of less 
than three metres in length; to transfer the powers to issue 
certificates of qualification as able seaman from the Minister to 
the Director-General; to change the designation “matroos” in 
the Afrikaans text to “seeman”; to extend the circumstances in 
which a seaman shall be entitled to wages although his services 
have been terminated, or in which a seaman shall be entitled to 
compensation for loss of property; to further regulate the issue 
of certain safety certificates; to extend the meaning of “grain” 
for the purposes of transport by ship; to extend the meaning of 
“owner” for the purposes of limitation of liability; to extend the 
category of persons who may act as chairman of a court of 
marine enquiry; to provide for South African citizens 
committing offences on board any foreign ship outside South 
African waters to be tried by a South African court; and to 
substitute the expression “Director-General” for the word 
“Secretary”; and to provide for incidental matters.

1.   Amends section 2 (1) of the Merchant Shipping Act, No. 57 
of 1951, as follows:— paragraph (a) inserts the definition of 
“Director-General”; paragraph (b) substitutes the definition of 
“Minister”; paragraph (c) inserts the definition of “nautical 
mile”; paragraph (d) deletes the definition of “Secretary”; 
paragraph (e) inserts the definition of “small vessel”; and 
paragraph (f) substitutes the definition of “vessel”.

2.   Amends section 68 of the Merchant Shipping Act, No. 57 of 
1951, as follows:— paragraph (a) substitutes subsection (1) 
(date of commencement 12 July, 1985); and paragraph (b) adds 
subsection (4) (date of commencement 12 July, 1985).

3.   Inserts section 72A in the Merchant Shipping Act, No. 57 of 
1951.

4.   Amends section 112 of the Merchant Shipping Act, No. 57 
of 1951, as follows:— paragraph (a) substitutes subsection (2); 
and paragraph (b) amends the Afrikaans text.

5.   Amends section 140 of the Merchant Shipping Act, No. 57 
of 1951, as follows:— paragraph (a) substitutes subsection (1) 
(a); paragraph (b) substitutes subsection (3); and paragraph (c) 
substitutes subsection (4).

6.   Amends section 197 of the Merchant Shipping Act, No. 57 
of 1951, by substituting subsection (3).

7.   Amends section 236 of the Merchant Shipping Act, No. 57 
of 1951, by substituting subsection (5).

8.   Amends section 263 of the Merchant Shipping Act, No. 57 
of 1951, by adding subsection (2), the existing section 
becoming subsection (1).

9.   Amends section 267 of the Merchant Shipping Act, No. 57 
of 1951, by substituting subsection (1).

10.   Amends section 327 (1) of the Merchant Shipping Act, 
No. 57 of 1951, by substituting paragraph (a).

11.   Substitution of word “Secretary” in Act 57 of 1951.—The 
principal Act is hereby amended by the substitution for the 
word “Secretary”, wherever it occurs, of the expression 
“Director-General”.

12.   Short title and commencement.—(1)  This Act shall be 
called the Merchant Shipping Amendment Act, 1981.

(2)  The provisions of section 2 shall come into operation on a 
date fixed by the State President by proclamation in the Gazette.