Basic Conditions of Employment Act, 1997
R 385
Merchant Shipping Act, 1951 (Act No. 57 of 1951)RegulationsMerchant Shipping (Seafarer Compensation) Regulations, 19983. Compensation |
| (1) | If by reason of the wreck, loss, abandonment, flooding, stranding, fire on board or collision of a ship on which a seaman is employed the seaman sustains the loss of any of or all his or her property, the seaman shall, subject to section 140(4) of the Act and subregulation (2), be entitled to compensation from the owner of the ship for such loss, as follows: |
| (a) | If— |
| (i) | a detailed list of the property carried in the ship has been made; and |
| (ii) | the replacement value of the property has been agreed to and certified by the master or chief engineer officer, or other responsible person on board the ship; and |
| (iii) | a copy of the list had been lodged with a proper officer or the owner of the ship, or a local representative of such owner, before the departure of the ship, the compensation payable by the owner to the seaman shall be the lesser of— |
| (aa) | the amount of the replacement value of the property lost as agreed to and certified in terms of subparagraph (ii); and |
| (bb) | the applicable amount referred to in the relevant scale set forth in the annex; or |
| (b) | in the absence of compliance with paragraph (a)(i), (ii) and (iii), the compensation payable by the owner to the seaman shall, upon proof by the seaman of the loss of his or her property and of its replacement value to the satisfaction of any person referred to in paragraph (a)(ii), be the lesser of— |
| (i) | the amount of such replacement value of the property lost; and |
| (ii) | 75 percent of the applicable amount referred to in the relevant scale set forth in the annex. |
| (2) | A seaman is not entitled to compensation under subregulation (1) in respect of any loss attributable to the seaman’s own gross negligence or wilful misconduct. |
