MERCHANT SHIPPING AMENDMENT ACT

NO. 18 OF 1992

[ASSENTED TO 3 MARCH, 1992][DATE OF 
COMMENCEMENT: 13 MARCH, 1992]

(English text signed by the State President)

ACT

To amend the Merchant Shipping Act, 1951, so as to define or 
further define certain expressions; to exclude the territory of 
South West Africa from the application of the Act and to extend 
the scope of the Act in respect of certain persons, and objects on 
vessels; to extend the powers of officers and courts; to make 
new arrangements in connection with the disposal of the 
property of a deceased seaman; to determine further 
requirements in respect of safety on ships not registered in the 
Republic; to further provide for the elimination of defects; to 
make further provision in connection with the reporting to a 
proper officer of accidents to ships and accidents on board 
ships; to make other arrangements in connection with 
preliminary enquiries into shipping casualties; to provide that 
reports of preliminary enquiries into shipping casualties shall 
only be disclosed to a court of marine enquiry or a court of law; 
to extend the powers of a court of marine enquiry to members of 
the crew, and to empower such a court to impose a fine; to 
make other provision in connection with the penalties which 
may be imposed for offences; to indemnify certain persons from 
civil liability in respect of failure to perform acts in terms of the 
Act; to provide for the appointment of safety officers, safety 
appointees and safety committees and the election of safety 
representatives; to extend the powers of the Minister to make 
regulations; to provide for the incorporation of safety standards 
in the regulations; and to amend certain obsolete references; and 
to provide for matters connected therewith.

1.   Amends section 2 (1) of the Merchant Shipping Act, No. 57 
of 1951, as follows:— paragraph (a) inserts the definition of 
“accident”; paragraph (b) inserts the definition of “crew”; 
paragraph (c) inserts the definition of “dangerous space”; 
paragraph (d) inserts the definitions of “employee” and 
“employer”; paragraph (e) inserts the definitions of “machinery” 
and “marine notice”; paragraph ( f ) substitutes the definition of 
“Minister”; paragraph (g) inserts the definition of “occupational 
safety”; paragraph (h) substitutes paragraph (b) of the definition 
of “port”; paragraph (i) inserts the definitions of “safe”, “safety 
appointee” and “safety committee”; paragraph (j) inserts the 
definitions of “safety officer”, “safety representative” and 
“safety standard”; paragraph (k) substitutes the definition of 
“savings bank”; paragraph (l) inserts the definition of “serious 
injury”; paragraph (m) inserts the definition of “standard”; 
paragraph (n) inserts the definition of “user”; and paragraph (o) 
inserts the definition of “workplace”.

2.   Amends section 3 of the Merchant Shipping Act, No. 57 of 
1951, as follows:— paragraph (a) substitutes subsection (1); 
paragraph (b) substitutes subsection (3); and paragraph (c) adds 
subsections (12) and (13).

3.   Amends section 9 of the Merchant Shipping Act, No. 57 of 
1951, as follows:— paragraph (a) deletes the word “and” at the 
end of subsection (1) (v); paragraph (b) adds subsection (1) 
(vii); and paragraph (c) adds subsection (5).

4.   Amends section 101 (8) of the Merchant Shipping Act, No. 
57 of 1951, by substituting paragraph (a).

5.   Amends section 130 of the Merchant Shipping Act, No. 57 
of 1951, by substituting subsection (1).

6.   Amends section 135 of the Merchant Shipping Act, No. 57 
of 1951, by substituting subsection (2).

7.   Inserts section 152 in the Merchant Shipping Act, No. 57 of 
1951.

8.   Amends section 163 of the Merchant Shipping Act, No. 57 
of 1951, by substituting subsection (3).

9.   Amends section 168 of the Merchant Shipping Act, No. 57 
of 1951, by substituting subsection (3).

10.   Amends section 171 of the Merchant Shipping Act, No. 57 
of 1951, by substituting subsection (2).

11.   Amends section 180 of the Merchant Shipping Act, No. 57 
of 1951, by substituting subsection (2).

12.   Amends section 203 of the Merchant Shipping Act, No. 57 
of 1951, by adding subsections (8) and (9).

13.   Amends section 221 of the Merchant Shipping Act, No. 57 
of 1951, by substituting subsection (3).

14.   Amends section 223 of the Merchant Shipping Act, No. 57 
of 1951, by substituting subsection (1).

15 and 16.   Substitute respectively sections 259 and 264 of the 
Merchant Shipping Act, No. 57 of 1951.

17.   Amends section 265 of the Merchant Shipping Act, No. 57 
of 1951, by adding subsection (2), the existing section 
becoming subsection (1).

18.   Amends section 266 of the Merchant Shipping Act, No. 57 
of 1951, by substituting subsection (2).

19.   Substitutes section 269 of the Merchant Shipping Act, No. 
57 of 1951.

20.   Amends section 283 (2) of the Merchant Shipping Act, 
No. 57 of 1951, by substituting the words preceding paragraph 
(a), and paragraph (a).

21.   Substitutes section 284 of the Merchant Shipping Act, No. 
57 of 1951.

22.   Amends section 286 of the Merchant Shipping Act, No. 57 
of 1951, by substituting subsection (2).

23 and 24.   Substitute respectively sections 288 and 289 of the 
Merchant Shipping Act, No. 57 of 1951.

25.   Amends section 290 of the Merchant Shipping Act, No. 57 
of 1951, by substituting paragraph (c).

26.   Amends section 298 of the Merchant Shipping Act, No. 57 
of 1951, as follows:— paragraph (a) deletes subsection (1) (c); 
and paragraph (b) substitutes subsection (2).

27 and 28.   Substitute respectively sections 313 and 326 of the 
Merchant Shipping Act, No. 57 of 1951.

29.   Inserts section 343ter in the Merchant Shipping Act, No. 
57 of 1951.

30.   Substitutes section 355 of the Merchant Shipping Act, No. 
57 of 1951.

31.   Inserts section 355A in the Merchant Shipping Act, No. 57 
of 1951.

32.   Amends section 356 of the Merchant Shipping Act, No. 57 
of 1951, as follows:— paragraph (a) substitutes subsection (1) 
(xxxviA) (a); paragraph (b) substitutes subsection (1) (xli) and 
adds subsection (1) (xliA), (xliB), (xliC), (xliD), (xliE), (xliF) 
and (xliG); and paragraph (c) substitutes the words preceding 
the proviso in subsection (5).

33.   Amends section 356bis of the Merchant Shipping Act, No. 
57 of 1951, by substituting subsection (3).

34.   Inserts section 356ter in the Merchant Shipping Act, No. 
57 of 1951.

35.   Short title.—This Act shall be called the Merchant 
Shipping Amendment Act, 1992.