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Marine Traffic Act, 1981 (Act No. 2 of 1981)

9. Authority's powers relating to ship on non-innocent passage

 

(1) The Authority may require the master of a ship of which the passage is in terms of section 8 deemed to be not innocent or is believed by the Authority to be not innocent—
(a) to stop or anchor the ship;
(b) to declare the ship's name, official number, flag, type, gross tonnage, destination and cargo;
(c) to move the ship to a place specified by the Authority;
(d) to produce for inspection by an authorized person all papers or documents relative to the ship and its cargo and allow him to make copies thereof;
(e) to allow authorized persons on board the ship to inspect the ship, its equipment and cargo;
(f) to deliver any person referred to in section 8 to an authorized person having powers of arrest, in order to be dealt with according to the law.

[Section 9(1)(f) substituted by section 2 (Schedule item 51(a)) of Act No. 5 of 1998]

 

(2) If the master of the ship fails to perform, within the time specified by the Authority, any act which he has in terms of subsection (1) been required to perform, the Authority may cause such act to be performed, with the employment of such force as may be necessary.

 

(3) If the Authority is satisfied that the passage of the ship is not innocent, it may cause the ship and its cargo or part thereof, to be detained on such conditions as may be prescribed by regulation, for a period not exceeding seven days or such further period as an order of a division of the Supreme Court of South Africa may authorize.

[Section 9(3) substituted by section 2 (Schedule item 51(b) of Act No. 5 of 1998]

 

(4) The Authority may, in respect of the ship and its cargo or part thereof detained in terms of subsection (3)—
(a) cause the ship and cargo or part thereof to be released from such detention;
(b) subject to any order referred to in subsection (3), cause the ship and cargo or part thereof, to be seized and dealt with in such manner as may be directed by it.

[Section 9(4) substituted by section 2 (Schedule item 51(b) of Act No. 5 of 1998]

 

(5) If the ship and cargo or part thereof, or the ship or cargo or part thereof, is sold by virtue of the provisions of subsection (4)(b), the proceeds of such sale shall be paid into the Maritime Fund established by section 38 of the South African Maritime Safety Authority Act, 1998 (Act No. 5 of 1998).

[Section 9(5) substituted by section 2 (Schedule item 51(b) of Act No. 5 of 1983]

 

(6) Notwithstanding the provisions of subsections (1) and (2) the Authority may require the master of a ship referred to in subsection (1), or who fails to comply with any provision of this Act or any other law, to remove his ship from the territorial waters immediately.

[Section 9(6) inserted by section 9(b) of Act No. 5 of 1983]

 

(7) The provisions of this section, save subsection (6), do not apply to a foreign warship or a foreign ship owned or used by a government for non-commercial purposes.

[Section 9(7) inserted by section 9(b) of Act No. 5 of 1983]