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Merchant Shipping Act, 1951 (Act No. 57 of 1951)

Chapter V : Safety of Ships and Life at Sea

Part III : Safety of navigation

241. Obligation to secure seaworthiness of ship

 

(1) In every contract of service, express or implied, between the owner of a ship and the master or an apprentice-officer and in every agreement between the master and the crew there shall be implied, notwithstanding any agreement to the contrary, an obligation on the owner of the ship that he and the master and every agent charged with the loading, preparing for sea or sending to sea of the ship shall use all reasonable means to ensure the seaworthiness of the ship for the voyage at the time when the voyage commences, and to keep her in a seaworthy condition for the voyage and during the voyage.

 

(2) This section shall apply in respect of every contract to serve on a South African ship, wherever the contract be entered into, and in respect of every contract to serve on a ship not registered in the Republic, if the contract is entered into in the Republic.