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

Chapter VI : Special Shipping Enquiries and Courts of Enquiry and Courts of Survey

291. Rehearing

 

(1) Whenever an investigation has been held by a court of marine enquiry or a maritime court, the Minister may order the case to be reheard, either generally or as to any part thereof, and shall so order—
(a) if new and important evidence which could not be produced at the investigation has been discovered; or
(b) if for any other reason there has been in his opinion ground for suspicion that a miscarriage of justice has occurred.

 

(2) The Minister may order the case to be reheard by the court of marine enquiry or the maritime court, as the case may be, consisting (if such is practicable) of the same members who, or other members than, constituted the court when it held the investigation in the first instance; and may, if the investigation was held by a maritime court, order the case to be reheard by a court of marine enquiry.

 

 


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