Protection of Businesses Act, 1978
R 385
Merchant Shipping Act, 1951 (Act No. 57 of 1951)Chapter V : Safety of Ships and Life at SeaPart III : Safety of navigation221. Ship's complement |
| (1) | The owner and the master of every South African ship operating at a port in the Republic or going to sea from any port whatsoever shall ensure that, in addition to the ship's officers and other persons which in terms of section 73 must be employed on board that ship, there are employed as crew the number and description of persons prescribed. |
[Section 221(1) substituted by section 23(a) of Act No. 57 of 1998]
(2)
| (a) | Subject to paragraph (b), the owner and the master of every ship other than a South African ship operating at a port in the Republic or going to sea from any such port shall ensure that, in addition to the ship's officers and other persons which in terms of section 73(4) must be employed on board that ship, there are employed as crew the number and descriptions of persons prescribed by the law of the flag of the ship. |
| (b) | Notwithstanding paragraph (a), subsection (1) shall apply in relation to a ship referred to in that paragraph, as if it were a South African ship, if— |
| (i) | the matters contemplated in that paragraph are not prescribed by the law of the flag of the ship; or |
| (ii) | having regard to— |
| (aa) | the complement normally carried by similar ships on similar voyages; |
| (bb) | the complement which the ship in question has recently carried on previous voyages; and |
| (cc) | the nature and place of the service for which the ship is intended, |
the proper officer has reason to believe that the ship is not sufficiently and efficiently manned.
[Section 221(2) substituted by section 23(a) of Act No. 57 of 1998]
| (3) | [Section 221(3) deleted by section 23(b) of Act No. 57 of 1998] |
