Merchant Shipping Act, 1951
Act 57 of 1951
- Published in South African Government Gazette 4684 on 24 August 1951
- Assented to on 27 June 1951
- There are multiple commencements
- [This is the version of this document from 1 November 2004 and includes any amendments published up to 12 April 2024.]
Provisions | Status |
---|---|
Section 1–3; Chapter I (section 4–9); Chapter II, section 10–51, section 52–67; Chapter III (section 73–89); Chapter IV (section 90–189); Chapter V (section 190–263); Chapter VI (section 264–292); Chapter VII, section 293–304, section 305–306; Chapter VIII (section 307–311); Chapter IX, section 312–343, section 344–353; Chapter X, section 354–356, section 357–358 | commenced on 1 January 1960 by Proclamation 298 of 1959. |
Chapter II, section 68–72 | commenced on 1 November 1961 by Proclamation R92 of 1961. |
Chapter X, section 356bis | commenced on 10 May 1963 by Act 40 of 1963. |
Chapter IX, section 343bis | commenced on 13 March 1968 by Act 13 of 1965. |
Chapter VII, section 304A | commenced on 17 March 1976 by Act 5 of 1976. |
Chapter II, section 51A | commenced on 3 June 1977 by Act 70 of 1977. |
Chapter II, section 72A | commenced on 13 February 1981 by Act 3 of 1981. |
- [Amended by Merchant Shipping Amendment Act, 1959 (Act 30 of 1959) on 1 May 1959]
- [Amended by Commonwealth Relations Act, 1962 (Act 69 of 1962) on 20 June 1962]
- [Amended by Merchant Shipping Amendment Act, 1963 (Act 40 of 1963) on 10 May 1963]
- [Amended by Substitution for the International Regulation for Preventing Collisions at Sea, 1948, of the International Regulations for Preventing Collisions at Sea, 1960 (Proclamation R228 of 1965) on 24 September 1965]
- [Amended by Unemployment Insurance Act, 1966 (Act 30 of 1966) on 1 January 1967]
- [Amended by Substitution for the International Convention for the Safety of Life at Sea, 1948, of the International Convention for the Safety of life at Sea, 1960 (Proclamation R12 of 1968) on 13 March 1967]
- [Amended by Merchant Shipping Amendment Act, 1965 (Act 13 of 1965) on 13 March 1968]
- [Amended by Substitution for the International Convention Respecting Load Lines, 1930, of the International Convention on Load Lines, 1966 (Proclamation R280 of 1968) on 27 September 1968]
- [Amended by Merchant Shipping Amendment Act, 1969 (Act 42 of 1969) on 7 May 1969]
- [Amended by Births, Marriages and Deaths Registration Amendment Act, 1970 (Act 58 of 1970) on 1 February 1972]
- [Amended by Amendment of the International Convention on Load Lines, 1966 (Proclamation R209 of 1972) on 1 September 1972]
- [Amended by Merchant Shipping Amendment Act, 1974 (Act 24 of 1974) on 13 March 1974]
- [Amended by Merchant Shipping Amendment Act, 1976 (Act 5 of 1976) on 17 March 1976]
- [Amended by Merchant Shipping Amendment Act, 1977 (Act 70 of 1977) on 3 June 1977]
- [Amended by Substitution for the International Regulations for Preventing Collisions at Sea, 1960, of the Convention on the International Regulations for Preventing Collisions at Sea, 1972 (Proclamation R107 of 1977) on 15 July 1977]
- [Amended by Merchant Shipping Amendment Act, 1978 (Act 62 of 1978) on 17 May 1978]
- [Amended by Native Laws Amendment Proclamation, 1979 (Proclamation AG3 of 1979) on 1 August 1978]
- [Amended by Substitution for the International Convention for the Safety of Life at Sea, 1960, of the International Convention for the Safety of Life at Sea, 1974 (Proclamation R203 of 1980) on 24 October 1980]
- [Amended by Merchant Shipping Amendment Act, 1981 (Act 3 of 1981) on 13 February 1981]
- [Amended by Modifications and additions to the International Convention for the Safety of Life at Sea, 1974 (Proclamation R168 of 1982) on 10 September 1982]
- [Amended by Merchant Shipping Amendment Act, 1982 (Act 3 of 1982) on 1 October 1982]
- [Amended by Admiralty Jurisdiction Regulation Act, 1983 (Act 105 of 1983) on 1 November 1983]
- [Amended by Addition of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 as a schedule to the Act (Proclamation R71 of 1984) on 28 April 1984]
- [Amended by Merchant Shipping Amendment Act, 1985 (Act 25-SA of 1985) on 12 July 1985]
- [Amended by Addition of the International Convention on Tonnage Measurement of Ships, 1969, as set out in the Schedule to the Merchant Shipping Act, 1951 (Proclamation R162 of 1985) on 20 September 1985]
- [Amended by Carriage of Goods by Sea Act, 1986 (Act 1 of 1986) on 4 July 1986]
- [Amended by Transport Advisory Council Act, 1987 (Act 58 of 1987) on 15 October 1987]
- [Amended by Merchant Shipping Amendment Act, 1989 (Act 3 of 1989) on 8 March 1989]
- [Amended by Merchant Shipping Act, 1991 (Act 7 of 1991) on 5 June 1991]
- [Amended by Namibian Ports Authority Act, 1994 (Act 2 of 1994) on 1 March 1994]
- [Amended by Wreck and Salvage Act, 2004 (Act 5 of 2004) on 1 November 2004]
Act 40 of 1963 amends the Act throughout to substitute “Republic” for “Union” and “State President” for “Governor-General”.
Act 3 of 1981 amends the Act throughout to substitute “Director-General” for “Secretary”.
Act 7 of 1991 makes the following substitutions throughout the Act: (a) “President” for “State President”; (b) “Permanent Secretary” for “Director-General”; (c) “the official language” for “either of the official languages” and “one of the official languages”; (d) “Namibian” and “non-Namibian” for “South African” and “non-South African”, respectively; (e) “Ministry of Health and Social Services” for “Department of Health”; (f) “the High Court” for “the superior court within whose area of jurisdiction the port of registry of the ship is situated”, “the superior court within the area of jurisdiction of which that person resides”, “superior courts”, “a superior court”, “any superior court”, “the Supreme Court”, wherever they occur, and for the words “any court” in section 44; (g) “Namibia” for “the Republic”; (h) “State Revenue Fund” for “Consolidated Revenue Fund” in section 323(3); (i) “Transnamib Limited” for “the Railway Administration” in section 3(3) and “Transnamib Limited” and “it” for “the Railway Administration” and “that Administration”, respectively.
These substitutions have not been applied to the Schedules, which reproduce international documents.]
PRELIMINARY
1. Repeal and amendment of laws
The laws mentioned in the First Schedule to this Act are hereby repealed or amended to the extent set out in the fourth column of that Schedule: Provided that until all the provisions of this Act have been brought into operation in terms of section three hundred and fifty-eight, any provision of any such law which corresponds to a provision of this Act which has not yet been so brought into operation shall, in so far as it is not inconsistent with any provision of this Act which has been so brought into operation, continue to apply in relation to the ships in respect of which the provisions of this Act which have been so brought into operation apply, and in relation to the owners, masters, seamen and apprentice-officers of such ships as if this section had not been enacted.[Section 1 is amended by Act 30 of 1959 to add the proviso. A colon has been added accordingly.]2. Definitions and interpretation of certain references
3. Application of Act
Chapter I
Administration
4. Powers of Minister
The Minister may -5. Permanent Secretary to be responsible for administration of Act
6. National Marine Advisory Council, National Advisory Council for the welfare of merchant seamen, port welfare committees and ad hoc advisory committees
[All references to the National Marine Advisory Council and the National Advisory Council for the welfare of merchant seamen have been removed from this section but the heading has not been amended accordingly.]7. Survey of ship to ascertain whether she complies with the Act
Subject to the provisions of this Act, a surveyor may inspect any Namibian ship wherever she may be or any ship not registered in Namibia while she is within Namibia or the territorial waters of Namibia for the purpose of ascertaining whether she complies with the provisions of this Act.8. Duty of proper officer to ensure compliance with this Act
If a proper officer has reason to suspect that the provisions of this Act are not being or have not been complied with in respect of any ship within Namibia or the territorial waters of Namibia, which is not registered in Namibia, or in respect of any Namibian ship wherever she may be, he shall take such steps as in his opinion are necessary to ensure compliance with the said provisions.9. Powers of officers and courts
Chapter II
Recording, Registering and Licensing of Ships
10. Notification of building of vessels
11. Qualification for owning ship registered under this Act
12. Power to enquire into the title of a registered ship to be registered
13. Obligation to apply for registry of a ship
14. ***
[section 14 amended by Act 40 of 1963 deleted by Act 7 of 1991]15. Register to be kept
The proper officer shall enter all ships registered by him in a special book to be kept for the purpose (hereinafter referred to as the register), and such entries shall be made in the prescribed manner.16. Survey and measurement of ship before registry
The owner of a ship in respect of which application for registry is made shall, upon demand by the proper officer, cause such ship to be surveyed by a surveyor, and the tonnage of the ship ascertained, in the prescribed manner. The surveyor shall grant a tonnage certificate specifying the ship’s tonnage and build and such other particulars as may be required by the regulations, and that certificate shall be delivered to the proper officer by the owner before the ship is registered.17. Tonnage once ascertained to be the tonnage of ship
Whenever the tonnage of a ship has been ascertained and registered in accordance with this Act, that tonnage shall thenceforth be deemed to be the tonnage of the ship, and shall be repeated in every subsequent registry thereof, unless any alteration is made in the form or capacity of the ship, or unless it is discovered that the tonnage of the ship has been erroneously computed, in either of which cases the ship shall be resurveyed, and her tonnage redetermined in accordance with this Act.18. Tonnage of ships of other countries
19. Marking of ship
20. Evidence on first registry
21. Entry of particulars in register
As soon as the requirements of this Act preliminary to registry have been complied with the proper officer shall enter in the register the following particulars:22. Documents to be retained by proper officer
On the registry of a ship in Namibia the proper officer shall retain in his possession the following documents:23. Certificate of registry
On completion of the registry of a ship, the proper officer shall grant a certificate of registry in the prescribed form, containing the particulars respecting the ship entered in the register in accordance with section twenty-one and stating the name of her master.24. Custody of certificate of registry
25. Improper certificate of registry not to be used
The owner or master -26. Power to grant new certificate of registry
27. Endorsement of change of master on certificate of registry
28. Endorsement of change of ownership on certificate of registry
29. Procedure when ship is lost or ceases to be a Namibian ship
30. Provisional certificate for ship which elsewhere than in Namibia becomes the property of a person qualified to own a Namibian ship
31. Temporary passes in lieu of certificates of registry
Whenever by reason of special circumstances it appears desirable to the Permanent Secretary that permission should be granted to a ship which, in terms of this Act, is entitled to be registered in Namibia, or, in terms of the laws in force in any other treaty country is entitled to be registered in that treaty country to proceed to sea without being previously registered, he may authorize the granting of a pass in the prescribed form for the ship to be taken from any port in Namibia to any other port in Namibia or, as the case may be, to any port in that other treaty country, and that pass shall for the time and within the limits therein mentioned be deemed to be a certificate of registry.[section 31 amended by Act 69 of 1962]32. Notifications of alterations in ships
33. Registry of alterations
34. Registry anew on change of ownership
If the ownership ofa Namibian ship is changed, the proper officer of the port at which the ship is registered may on application by the owner of the ship register the ship anew, but, subject to the provisions of paragraph (f) of section fifty-five, the owner shall not be obliged to apply for registry anew in such circumstances.35. Procedure for registry anew
36. Transfer of registry
37. Re-registration of abandoned ships
If a ship has ceased to be registered as a Namibian ship by reason of having been wrecked or abandoned, or for any other reason except capture by the enemy or transfer to a person not qualified to own a Namibian ship, the ship shall not be re-registered until she has at the expense of the applicant for registration been inspected by a surveyor and certified by him to be seaworthy.38. Names of ships
A Namibian ship shall not be described or registered by or marked with any name, and the name of a registered ship shall not be altered, except in accordance with the regulations.39. Transfer of ships or shares
40. Declaration of transfer
When a Namibian ship or a share therein is transferred the transferee shall not be entitled to be registered as owner thereof until he has made and signed a declaration of transfer in the prescribed form.41. Registry of transfer
42. Transmission of property in ship on marriage or death, etc.
43. Order for sale on transmission to unqualified person
44. Transfer of ship or sale by order of Permanent Secretary or court
When the Permanent Secretary, in terms of section forty-three, or when the High Court, whether in terms of that section or otherwise, orders the sale of any Namibian ship or share therein, the order shall contain a declaration vesting in some person named therein the right to transfer the ship or share. The person so named shall thereupon be entitled to transfer the ship in the same manner and to the same extent as if he were the registed owner thereof, and the proper officer shall in respect of any such transfer regard that person as the registered owner.[The word “registered” in the phrase “as if he were the registered owner thereof” is misspelt in the Government Gazette, as reproduced above.]45. Power of court to prohibit transfer
On the application of an interested party the High Court may, without prejudice to the exercise of any other power of the court, make an order prohibiting for a time specified any dealing with that ship or any share therein, and may make the order on any terms or conditions it deems fit, or may refuse to make the order, or may discharge the order when made, and generally may do what it considers best in the interests of the justice of the case, and the proper officer shall on being served with the order or an official copy thereof obey the same.46. Mortgage of ship or share not to be registered in deeds registry
47. How ship or share mortgaged
48. Discharge of mortgage
If a registered mortgage is discharged the proper officer shall, on the production of the deed of mortgage, with a receipt for the mortgage money endorsed thereon, duly signed and attested, make an entry in the register to the effect that the mortgage has been discharged, and shall cancel the deed of mortgage.49. Priority of mortgages
If there are more mortgages than one registered in respect of the same Namibian ship or share in a Namibian ship, the respective mortgagees claiming thereunder shall, notwithstanding any express, implied or constructive notice, but subject to the proviso to sub-section (2) of section forty-six be entitled in priority, one before the other, according to the date and time at which each mortgage is recorded in the register, and not according to the date and time at which each deed of mortgage was executed.50. Rights of mortgagee
51. Preference under mortgage not affected by insolvency
51A. ***
[section 51A inserted by Act 70 of 1977 and deleted by Act 105 of 1983]52. Transfer of mortgage
53. Transmission of interest in mortgage by death, etc.
54. Authority to sell or mortgage outside Republic
55. Rules as to certificates of sale
The following rules shall be observed as to certificates of sale:56. Rules as to certificates of mortgage
The following rules shall be observed as to certificates of mortgage:57. Loss of certificate of mortgage or sale
On proof at any time to the satisfaction of the Permanent Secretary that a certificate of sale or mortgage has been lost or destroyed or so damaged as to be useless, and that the powers thereby given have never been exercised, or if they have been exercised, then on proof of the several matters and things that have been done thereunder, the proper officer may, if authorized thereto by the Permanent Secretary, either issue a new certificate, or direct such entries to be made in the register or such other things to be done as might have been made or done if the loss, destruction or damage had not taken place.58. Revocation of certificate of mortgage or sale
59. Access to register
Any person may upon payment of the prescribed fee have access to the register at any port of registry at any reasonable time during the hours of official attendance of the proper officer.60. Provision for cases of minority or other incapacity
If by reason of minority, mental disorder or defect or any other cause any person interested in a Namibian ship or a share therein is incapable of making any declaration or doing any act required or permitted by this Act to be made or done in connection with the registry of the ship or share, the legal guardian or curator bonis of that person, or, if there is no such guardian or curator bonis, any person appointed, on application made on behalf of the incapable person or of any other person interested, by the master of the superior court within whose area of jurisdiction the incapable or other interested person is domiciled may make such declaration or a declaration as nearly corresponding thereto as circumstances permit, and do such act in the name and on behalf of the incapable person.[Similar phrases referring to the “superior court” were replaced by “the High Court” by Act 7 of 1991, but the phrase “the superior court within whose area of jurisdiction the incapable or other interested person is domiciled” was not included in this direction for this global substitution. This was probably an oversight.]61. Right of registered owner to dispose of ship or share
No record of any interest in a ship or a share in a ship, other than by way of ownership or mortgage, shall be made in the register, and, subject to the provisions of section 29(1)(b) and to any rights recorded in the register as being vested in any other person under mortgage or under certificate of sale or mortgage, the registered owner of a ship or share therein shall have the right, absolutely to dispose of the ship or share.[section 61 substituted by Act 70 of 1977]62. Rights and liabilities of person holding an interest in a ship or share
63. National character of ship to be declared before clearance
64. Ships recognized as ships of Namibian nationality
The following classes of ships shall be recognized as ships of Namibian nationality, to wit:65. Flag to be flown on ships of Namibian nationality
66. Unlawful assumption of Namibian national character
No person on board a ship not of Namibian nationality shall, wherever the ship may be, for the purpose of making the ship appear to be a ship of Namibian nationality use or permit the use of the National Flag of Namibia or cause or permit the ship to assume the national character of Namibia.67. Concealment of Namibian national character
The owner or master of a ship of Namibian nationality shall not knowingly or wilfully do or permit anything to be done, or carry or permit to be carried on board that ship any papers or documents with intent to conceal the national character of the ship or with intent that a non-Namibian national character be assumed for the ship.68. Small vessels to be licensed
69. Renewal of licences
70. Issue and duration of licences
A licence issued upon an application made under section sixty-eight or sixty-nine shall be in the prescribed form and shall be issued for one year under such conditions as may be prescribed.71. Cancellation of licences
72. Unlicensed vessels not to be used
No person shall use a vessel which in terms of section 68 is required to be licensed, for any purpose whatsoever, unless the owner or master of the vessel holds a valid and current licence issued in respect thereof.[section 72 substituted by Act 42 of 1969]72A. Prohibition of use of vessels of less than three metres in length
Chapter III
Certificates of Competency and Service
73. What certificated officers and other persons to be employed on certain ships
74. When ship’s officers and other persons deemed to be duly certificated
75. Grades of certificates of competency
76. ***
[section 76 deleted by Act 3 of 1989]77. Examinations for certificates of competency
78. Granting of certificates of competency after examination under this Act
79. Granting of certificates of competency otherwise than after examination under this Act
80. ***
[Section 80 is amended by Act 30 of 1959, Act 40 of 1963, Act 42 of 1969 and Act 5 of 1976, and deleted by Act 3 of 1989. Section 3(2) of Act 3 of 1989 provides the following transitional provision: “Any certificate of service granted under section 80 of the Merchant Shipping Act, 1951, before the date of commencement of this Act, shall remain in force as if the said section 80 has not been repealed by subsection (1).”]81. Form and record of certificates of competency or service
82. Loss of certificates of competency or service
If any person proves to the satisfaction of the Permanent Secretary that he has lost or been deprived of a valid certificate of competency or service granted him under this Act or the Merchant Shipping (Certificates of Competency) Act, 1925 (Act No. 45 of 1925), the Permanent Secretary may, upon payment of such fee as may be prescribed, issue to that person a certified copy of the said certificate, and such copy shall be regarded as having the same force and effect as the original.[The Merchant Shipping (Certificates of Competency) Act 45 of 1925 is repealed by this Act.]83. Certificates granted by competent foreign authorities
84. Certificates granted in Republic prior to commencement of Act
[Act 7 of 1991 makes a global substitution of “Namibia” for the phrase “the Republic”, but this does not apply to the word “Republic” on its own as it appears here.]85. Minister may vary requirements as to certificates
Notwithstanding the provisions of section seventy-three the Minister may, in his discretion and for such periods and under such conditions as he may specify if he is satisfied that no suitable holder of a certificate of the required grade and granted under this Act or referred to in section eighty-three or eighty-four or recognized under section three hundred and fifty-four is available, permit a Namibian ship to go to sea from any port whatsoever or a ship other than a Namibian ship to go to sea from a port in Namibia without the prescribed number of certificated officers or other persons, and while any such permission remains in force any person who acts in terms thereof shall not, if the conditions under which it was granted are complied with, be deemed to have contravened the provisions of section seventy-three.[section 85 amended by Act 40 of 1963]86. Production to proper officer of certificates
87. Holder of certificate incapacitated by ill-health
88. Cancellation and suspension of certificates
Notwithstanding anything contained in this Act, the Minster may cancel or suspend a certificate of competency or service -89. Appeals against cancellation or suspension of certificate
Chapter IV
Engagement, Discharge, Repatriation, Payment, Discipline and General Treatment of Seamen, Cadets and Apprentice-Officers
90. Cadets
91. Excessive number cadets or apprentice-officers not to be employed
No person shall engage or permit cadets or apprentice-officers to serve on board a Namibian ship in excess ofthe number ofcadets or such officers permitted by the regulations.92. Medical examination of cadets and apprentice-officers
No person shall be employed as a cadet on board any Namibian ship or indentured as an apprentice-officer to the owner ofa Namibian ship until he has passed the colour and form vision tests prescribed and has been certified by a medical practitioner approved by the proper officer as physically fit for the sea service.93. Indentures of apprenticeship
All indentures of apprenticeship to the sea service entered into in Namibia shall be in accordance with the regulations and shall be executed in the prescribed form by the intended apprentice-officer and the person to whom he is to be bound in the presence of, and shall be attested by, a proper officer, who shall before the execution of the indentures satisfy himself -94. Indentures voidable in certain case
All indentures of apprenticeship entered into in Namibia whereby a person under the age of twenty-one years is bound without the consent of his guardian shall be voidable by the guardian.95. Recording of indentures
96. Notice of cancellation of indentures or death or desertion of apprentice-officer
The master shall notify the cancellation of the indentures, or the death or desertion of the apprentice-officer to the Permanent Secretary or to a proper officer, within three days ofthe occurrence if it occurs within Namibia, or as soon as circumstances permit if it occurs elsewhere.97. Entry of indentures on agreement with the crew
The master of a Namibian ship shall, before going to sea from a port in Namibia with an apprentice-officer on board -98. Death, insolvency, etc. of owner
If the owner of a Namibian ship carrying an apprentice-officer dies, or if his estate is sequestrated as insolvent, or if he ceases to have any interest in the ship, the indentures shall cease and a proportionate part of any premium paid shall be repaid, and until repaid shall be a charge on the ship: Provided that the name of the person by whom the ship has been acquired may with his consent and that of the apprentice-officer and, if he is under the age of twenty-one years, that of his guardian, and with the approval of the proper officer, be inserted in the indentures as master of the apprentice-officer in lieu of the previous owner, in which case the indentures shall continue: Provided, further, that if the voyage is continued and the apprentice-officer consents in terms of sub-section (1) of section one hundred and sixteen to complete the voyage, the name of the person by whom the ship has been acquired may with his consent be inserted in the indentures as master of the apprentice-officer in lieu of the previous owner, and the indentures shall continue until the voyage has been completed.99. Assignment of indentures
100. Certificate of expiration of indentures
Upon the expiration of the period for which any apprentice-officer was indentured, including any period for which the indentures were lawfully extended, the master to whom he has been bound shall issue to him a certificate in the prescribed form, signed by the master and setting forth such matters as may be prescribed, and shall forward to the Permanent Secretary a duplicate of the certificate, signed by the master.101. Medical examination of crew prior to engagement
102. Agreements with crew
103. Special provisions as to agreements with crew of foreign-going ships
The following provisions shall apply to agreements with the crew of a foreign-going Namibian ship:104. Changes in crew to be reported
105. Certificates as to agreements with crew of foreign-going ships
106. Special provisions as to agreements with crew of coasting ships, and fishing, sealing or shore-based whaling boats
The following provisions shall have effect in respect of agreements with the crew of a coasting ship or a fishing, sealing or shore-based whaling boat registered in Namibia:107. Certificate as to agreements with crew of coasting ships, and fishing, sealing or shore-based whaling boats
When the agreement with the crew of a coasting ship or a fishing, sealing or shore-based whaling boat registered in Namibia has expired, the master or owner of the ship shall deliver such agreement to the proper officer within twenty-one days after such expiry, and the proper officer on receiving such agreement shall give the master or owner a certificate to that effect.108. Alterations in agreements with crew
No erasure, interlineation or alteration in any agreement with the crew of a Namibian ship (except additions made for the purpose of shipping substitutes or persons engaged after the first departure of the ship) shall be of force or effect unless proved by the written attestation of a proper officer to have been made with the consent of the members of the crew interested in such erasure, interlineation or alteration.109. Copy of agreement to be displayed
The master of a Namibian ship shall at the beginning of every voyage or engagement cause a legible copy or the agreement with the crew (omitting the signatures) to be framed and displayed in some conspicuous place on board the ship which is accessible to the crew, and shall cause it to be kept so framed and displayed during its currency.110. Employment of children on ships prohibited
The owner or master of a ship which is registered in Namibia, or of a ship which is not registered in Namibia and is wholly engaged in plying between ports in Namibia, shall not knowingly take into employment or keep in employment or permit the employment of any person under the age of fifteen years in any capacity on board the ship.[section 110 amended by Act 40 of 1963]111. Employment of young persons as trimmers or firemen
112. Rating of seamen
113. Discharge of seamen
114. Repatriation of seamen whose service terminates elsewhere than at proper return port
115. Entries and certificates of desertion outside Namibia
116. Discharge of seamen on change of ownership
117. Discharge and leaving of seamen behind
118. Leaving seamen behind
No person shall cause a seaman or apprentice-officer to be wrongfully left behind -119. Wages and other property of seaman or apprentice-officer left behind
120. Payment of wages on discharge of a seaman of a Namibian ship
When a seaman of a Namibian ship is discharged, he may or if he has a dispute regarding his wages, he shall be paid his wages, or the balance thereof, in the manner directed by the proper officer, and the owner or master of the ship, as the case may be, shall, in the case of a dispute, not pay the wages of the seaman, or the balance thereof, in any other manner.[section 120 amended by Act 30 of 1959 and substituted by Act 42 of 1969]121. Master to deliver account of wages
122. Time of payment of wages for foreign-going ships
In the case of a foreign-going Namibian ship (other than a ship employed on voyages for which seamen by the terms of their agreement are wholly compensated by a share in the profits of the venture) -123. Time of payment for coasting ships, and fishing, sealing and shore-based whaling boats
124. Settlement of wages
125. Decision by proper officer on question as to wages
Whenever a question as to wages is raised between the owner or master of a Namibian ship and a seaman or apprentice-officer, and the parties concerned agree in writing to submit such matter for adjudication to a proper officer, he may hear and decide the question so submitted, and his decision shall be final.[section 125 amended by Act 3 of 1982]126. Payment of seamen in currency other than that mentioned in agreement
If a seaman has agreed with the master of a Namibian ship for payment of his wages in Namibian or any other currency, payment of or on account of such wages, if made in any other currency than that stated in the agreement, shall be made at the rate of exchange in force at the time when and at the place where the payment is made.[section 126 amended by Act 30 of 1959 and by Act 40 of 1963]127. Disrating of seaman
128. Master to give facilities to seaman for remitting wages
If the balance of wages earned by but not yet payable to a seaman of a Namibian ship is more than 50 rand and the seaman expresses to the master of the ship his desire to have facilities afforded to him for remitting all or any part of the balance to a savings bank, or to a near relative in whose favour an allotment note may be made, the master shall give to the seaman all reasonable facilities for so doing so far as regards so much of the balance as is in excess of 50 rand, but shall be under no obligation to give those facilities while the ship is in port if the sum will become payable before the ship leaves port, or otherwise than conditionally upon the seaman going to sea in the ship.[section 128 amended by Act 3 of 1982]129. Advance of more than one month’s wages prohibited
130. Allotment notes
131. Right of suing on allotment notes
132. Time of payment of an allotment note
133. Rights to wages and provisions and when such are to commence
The rights of a seaman or apprentice-officer of a Namibian ship to wages and provisions shall be deemed to begin either at the time at which he commences work or at the time specified in the agreement or articles of indenture, as the case may be, for his commencement of work or presence on board, whichever first happens.134. Agreement to forfeit lien for wages is void
135. Restrictions on assignment of wages
136. Proceedings for wages
137. Wages not recoverable abroad except in certain cases
If a seaman is engaged in a Namibian ship for a voyage or period of service which is to terminate in Namibia he shall not be entitled to sue in any court outside Namibia for wages, unless he has been discharged, or proves such ill-usage on the part of or by the authority of the master as to warrant reasonable apprehension of danger to his life or health if he were to remain on board.138. Wages not to depend on freight
The right to wages shall not depend on the earning of freight, and every seaman and apprentice-officer of a Namibian ship who would be entitled to demand and recover wages if the ship in which he has served had earned freight shall, subject to all other laws and conditions applicable to the case, be entitled to recover the same notwithstanding that freight has not been earned.139. Wages not claimable by seaman or apprentice-officer who fails to exert himself to save ship
140. Wages on termination of services by illness or injury of seaman or wreck or loss of ship
141. Wages not to accrue during refusal to work or imprisonment or illness caused by own default or drunkenness
142. Compensation to a seaman improperly discharged
If a seaman of a Namibian ship is discharged otherwise than in accordance with the terms of his engagement 143. Remedies of master for recovery of wages, disbursements, etc.
144. Unreasonable delay in paying master’s wages
If payment of the sum due to the master of a Namibian ship on account of wages has been delayed, the court trying any proceedings for the recovery of such wages may order the person liable to make the payment of wages to pay to the master, in addition to any sum due on account of wages, such sum as it thinks just as damages in respect of the delay, unless the court finds that the delay is due to the act or default of the master, or to any reasonable dispute as to liability, or to any other cause not being the wrongful act or default of the person liable to make the payment.145. Power of court to rescind contract between owner or master and seaman or apprentice-officer
When any proceedings are instituted in any court of competent jurisdiction in relation to any dispute between an owner or master of a Namibian ship and a seaman or apprentice-officer, arising out of or incidental to their relation as such, the court may in its discretion rescind any contract between the owner or master and the seaman or apprentice-officer, or any contract of apprenticeship, upon such terms as the court may think just, and this power shall be in addition to any other jurisdiction which the court may have.146. Master to take care and make record of property of seaman who dies
147. Delivery to proper officer of property of seaman who dies
148. Account to be rendered of property of seaman who dies
149. Property of deceased seaman left abroad but not on board ship
If a seaman or apprentice-officer of a Namibian ship, the voyage of which is to terminate in Namibia, dies at any place out of Namibia, leaving any money or other property not on board the ship to which he belonged at the time of his death, the proper officer at or near that place shall claim and take charge of such money and other property, and such money and other property shall be deemed to be the property of a deceased seaman or apprentice-officer within the meaning of this Chapter.150. Sale of property of deceased seaman
151. Property of deceased seaman may be recovered as wages
The provisions of section one hundred and thirty-six shall apply, mutatis mutandis, in respect of the property of a deceased seaman or apprentice-officer.152. Transmission by Permanent Secretary of property of deceased seaman
If any property of a deceased seaman or apprentice-officer who at the date of such seaman’s or apprentice-officer’s death was ordinarily resident in Namibia, comes into the hands of the Permanent Secretary, the Permanent Secretary shall, after deducting for expenses incurred in respect of that seaman or apprentice-officer or of such seaman’s or apprentice-officer’s property such sum as the Permanent Secretary thinks proper to allow, transmit the residue to the Master referred to in section 1 of the Administration of Estates Act, 1965 (Act 66 of 1965), and the Master shall take such steps as may be necessary to ensure that such residue shall be dealt with in the manner provided by law.[section 152 amended by Act 40 of 1963 and by AG 3 of 1979, and substituted by Act 7 of 1991]153. Recovery of wages of seaman lost with his ship
154. Relief and maintenance of distressed seaman
155. Receiving distressed seamen on ships
156. Provisions of seamen
157. Measuring instruments on board
The master of a Namibian ship shall keep on board proper measuring instruments for determining the quantities of the several provisions and articles served out, and in the event of any dispute as to the quantities served out, shall cause the quantities to be measured in the presence of a witness by using such measuring instruments.[section 157 substituted by Act 5 of 1976]158. Refrigerating chamber
159. Certificated cooks
160. Bedding and other articles for seamen
The master of a Namibian ship of more than one hundred gross register tons shall supply every seaman and apprentice-officer with such bedding, towels, mess utensils and other articles for personal use as may be prescribed.161. Crew accommodation
162. Complaints as to provisions or water or accommodation
163. Powers of inspection of provisions, water and accommodation
164. Inspection of provisions, water and accommodation at sea
The master of a Namibian ship which is at sea shall, at least once in every ten days, cause an inspection to be made of the provisions and water provided for the use of the seamen, apprentice-officers and passengers and the crew accommodation and the accommodation for passengers, for the purpose of ascertaining whether the same are being maintained in accordance with the requirements of this Act and all other laws. The person making the inspection shall enter a statement of the result of the inspection in the official log-book.[section 164 amended by Act 30 of 1959]165. Compensation if short or bad provisions furnished
166. Provision of board and lodging elsewhere than on board ship
Whenever the master or a seaman or apprentice-officer of a Namibian ship who is entitled to be provided with accommodation or provisions, cannot, by reason of the fact that the ship is being fumigated, or for any other reason not due to his own wilful act or default or to his own misbehaviour, be provided with accommodation or provisions on board the ship, he shall be provided elsewhere at the expense of the owner of the ship with accommodation or food, as the case may be, proper to his rank or rating.167. Medicines to be provided and kept on board certain ships
The owner and master of a Namibian ship of any prescribed class shall ensure that there is on board that ship an adequate supply, according to the prescribed scales, of antiscorbutics and medicines and appliances for the treatment and prevention of diseases and accidents likely to occur at sea and of the prescribed first-aid equipment.[section 167 substituted by Act 24 of 1974]168. Inspection of medicines and medical appliances
169. Expenses of medical attendance in cases of injury or illness
170. Recovery of expenses from owner
If any expenses payable by the master or owner of a Namibian ship in respect of illness, hurt or injury of the master or of a seaman or apprentice-officer of that ship are paid by any other person, those expenses shall be repaid to that person by the said master or owner, and if not so repaid shall constitute a debt recoverable in any competent court from the master or owner by whom they are payable.171. Facilities for making complaints
172. Seamen’s property not to be detained
Any person who receives or takes into his possession or under his control any money or other property of a seaman or apprentice-officer who belongs or has recently belonged to any ship wherever registered shall return the same or pay the value thereof when required by the seaman or apprentice-officer subject to such deductions as may be justly due to him from the seaman or apprentice-officer in respect of board or lodging;173. Soliciting seamen
No person shall within twenty-four hours after the arrival of any ship (wherever registered) at a port in Namibia, or within twenty-four hours before the projected departure therefrom -174. Misconduct by seamen endangering ship or life, and general offences against discipline
175. Desertion
176. Absence without leave
177. Notice to proper officer of absence of seaman at time of sailing
If a seaman or apprentice-officer engaged on or belonging to a treaty ship is not on board that ship at the time of sailing -178. Unseaworthiness of ship a good defence to charge of desertion, etc.
179. Deserter’s certificates of discharge may be withheld
If it is shown to the satisfaction of a proper officer that a seaman engaged or belonging to a Namibian ship has been guilty of desertion or absence without leave, as defined by sections one hundred and seventy-five and one hundred and seventy-six respectively, the Minister may direct that the seaman’s certificates of discharge shall be withheld for such period as the Minister may direct, and while such a direction is in force the proper officer or any other person may, notwithstanding anything to the contrary contained in this Act, refuse to furnish copies of any of the seaman’s certificates of discharge or certified extracts of any particulars of his service or character.180. Deserters from foreign ships
181. Entry of offences in official log
If in or in respect of any Namibian ship any offence within the meaning of this Act of desertion or absence without leave or against discipline is committed, or if any act of misconduct is committed for which the offender’s agreement imposes a fine and for which it is intended to enforce the fine -182. Official log-books to be kept
183. Entries in official log-books
The master of a ship on board of which an official logbook is required to be kept in terms of this Act shall enter or cause to be entered in that book the following matters:184. Unlawful entries or alterations in official log-books
185. Delivery of official log-books to proper officer
The master of every ship on board of which an official log-book is required to be kept in terms of this Act shall within forty-eight hours after the ship’s arrival at its final port of destination in Namibia or upon the discharge of the crew, whichever first happens, deliver the official log-book of the voyage to the proper officer at the port where the crew is discharged.[section 185 amended by Act 3 of 1982]186. Transmission of official log-books to proper officer
187. Documents to be handed to successor on change of master
If, at any time before or during the progress of a voyage, the master of a Namibian ship is removed or superseded, or, for any other reason, quits the ship and is succeeded in the command by some other person, he shall deliver to his successor the various documents in his custody relating to the navigation of the ship and to the crew, and his successor shall immediately on assuming the command of the ship enter in the official logbook a list of the documents so delivered to him.188. List of the crew
189. Returns of births and deaths
Chapter V
Safety of Ships and Life at Sea
Part I – Construction of Ships, Provision of Life-saving Appliances and Installation of Radio
190. Initial and subsequent surveys of vessels in respect of safety provisions
191. Surveyor’s report on inspection under safety regulations
192. Issue of safety convention certificates in respect of passenger ships
If, after consideration of the report of a surveyor, the Minister is satisfied -193. Issue of safety convention certificates in respect of ships other than passenger ships
If, after consideration of the report of a surveyor, the Minister is satisfied -194. Issue of local safety certificates
195. Form of safety certificate
196. Modification of safety convention certificates as respects life-saving appliances
197. Duration of safety certificates
198. Cancellation of safety convention certificates and local safety certificates
199. Surrender of expired or cancelled safety convention certificate or local safety certificate
200. Namibian ships not to be taken to sea without safety certificates
201. Carrying persons in excess
No master or owner of any vessel registered or licensed in Namibia shall anywhere, and no master of any vessel not registered or licensed in Namibia shall in Namibia or the territorial waters thereof, permit persons to be on board or on or in any part of the vessel in excess of the number permitted by the vessel’s safety convention certificate, local safety certificate, memorandum referred to in section one hundred and ninety-six or certificate referred to in sub-section (4) or (5) of section two hundred and three: Provided that the Minister may, for the purpose of enabling persons to be moved from any place in consequence of a threat to their lives, authorize more persons to be carried on board a ship than are permitted by the said certificate or memorandum; and the carriage of persons in accordance with such authority shall not constitute a contravention of the provisions of this section.202. Issue of safety convention certificate by one Government at request of another
203. Application of this Part to ships not registered or licensed in Namibia while in Namibia
Part II – Load Lines
204. Exemption from this Part and issue of load line exemption certificates
205. Initial and subsequent surveys of ships in respect of load line provisions
206. Surveyor’s inspection report on load line ship
207. Issue of load line certificates other than load line exemption certificates
If, after consideration of the report of a surveyor of his inspection of a load line ship registered in Namibia, the Minister (in the case of an international load line ship), or the Permanent Secretary (in the case of a local load line ship), is satisfied that -208. Entry of load line particulars in official log-book
209. Duration of load line certificates
210. Cancellation of load line certificates
211. Surrender of expired or cancelled load line certificate
212. Namibian ships not to be taken to sea without load line certificates
Neither the owner nor the master of a load line ship registered in Namibia shall cause or permit her to proceed to sea from a port within or outside Namibia unless there is on board and in force in respect of that ship -213. Maintenance of load lines and deck lines
214. Submersion of load line on Namibian ships
215. Issue of international load line certificate by one Government at request of another
216. Inspection and control of load line convention ships not registered in Namibia
217. Issue of load line certificates in respect of ships not registered in Namibia
218. Recognition of certificates as to load lines issued in other countries
If the Minister is satisfied219. Load line ships not registered in Namibia not to be taken to sea without load line certificates
The master of a load line ship not registered in Namibia shall not cause or permit her to proceed to sea from a port in Namibia unless there is on board and in force in respect of that ship -220. Submersion of load line on ships not registered in Namibia
The provisions of section two hundred and fourteen shall apply to load line ships not registered in Namibia, while they are at any port in Namibia, as they apply to load line ships registered in Namibia: Provided that in the application of the said provisions the expression “the load line” shall mean -Part III – Safety of Navigation
221. Ship’s complement
222. Employment of radio officers and operators
223. Surveyor may direct that defects be made good
224. Display of safety convention certificate, local safety certificate or load line certificate
Immediately after receipt of a safety convention certificate, a local safety certificate or a load line certificate, the owner or master shall cause it to be framed and displayed in some conspicuous place on board the vessel for the information of all on board, and shall cause it to be kept so framed and displayed so long as it remains in force and the vessel is in use: Provided that this section shall not apply in respect of any vessel of less than one hundred gross tons, if the Permanent Secretary has exempted her from its provisions.[section 224 substituted by Act 42 of 1969]225. Printed notices and diagrams as to location of life-boats, etc.
226. Information about stability of ship
227. Production of certificates to officers of customs
228. Compasses to be adjusted
229. Signalling lamps
The master or owner of a Namibian ship of one hundred or more gross register tons (or of such lower tonnage gross register as may be prescribed) shall not cause or permit the ship to proceed to sea unless she is provided with a signalling lamp in accordance with the regulations.230. ***
[section 230 deleted by Act 30 of 1959]231. Registration of private code of signals
232. Signals of distress
233. Boat and fire drills and inspection of life-saving appliances
234. ***
[section 234 deleted by Act 5 of 2004]235. Dangerous goods not to be carried
236. Carriage of grain
237. Carriage of timber deck cargo
238. Marking of heavy packages or objects
No person shall in Namibia consign to be loaded on any ship, and no owner or master of any ship in Namibia, wherever she may be registered, shall cause or permit to be loaded on that ship any package or object of a gross weight of two thousand pounds or more, unless its weight is plainly and durably marked on the outside of the package or object: Provided that in the case of a package or object of such a character that its exact weight would be difficult to ascertain an approximate weight may be so marked accompanied by the word “approximate” or “ongeveer” or any reasonable abbreviation thereof.239. Report of alteration or damage affecting seaworthiness, efficiency or compliance with regulations
240. Unseaworthy ships not permitted to leave port
No person including the owner or master shall cause or permit -241. Obligation to secure seaworthiness of ship
242. Sending unseaworthy ship to sea in special circumstances
Nothing in sections two hundred and forty and two hundred and forty-one contained shall subject the owner or master of any ship to any liability, civil or criminal, by reason of the ship being sent or taken to sea in an unseaworthy state, if it be proved -243. Unseaworthy ships to be detained
If on complaint made to him in accordance with the provisions hereinafter contained, or without any complaint, a proper officer has reason to believe that a ship at any port in Namibia is unseaworthy, he shall, whether or not she is registered in Namibia, detain her until he is satisfied that she is in a seaworthy state.244. Ships may be inspected
245. Complaint as to seaworthiness to be in writing
Every complaint in respect of the seaworthiness of a ship shall be in writing, stating the name and address of the complainant, and if the ship be detained, a copy of the complaint, including the name and address of the complainant, shall be served on the master of the ship together with the notice of detention issued under section three hundred and thirty-five.246. Complainant as to unseaworthiness may be required to give security
Before a ship is detained by a proper officer under the provisions of section two hundred and forty-three in consequence of a complaint, he shall assure himself by all means at his disposal that the complaint is not vexatious, frivolous or unreasonable, and if he thinks fit so to do, he may, except where the complaint is made by three or more of the members of the crew of the ship, require the complainant to give security to his satisfaction for the expenses of the inspection and any loss which may be sustained by the owner on account of the detention of the ship.247. Complainant to pay costs if not successful
248. Expenses to be paid by owner if complaint founded
If, on inspection, it is found that any complaint in respect of a ship detained under section two hundred and forty-three was well-founded, all expenses incurred in connection with the inspection shall be paid by the owner, and the ship shall not be released until they are paid.249. Reports of dangers to navigation
250. Careful navigation near ice
The master of a Namibian ship, when ice is reported on or near his course, shall at night either proceed at a moderate speed or change course so as to keep well clear of the ice reported and of the area of danger.251. ***
[Section 251 is amended by Act 40 of 1963 and deleted by Act 7 of 1991. Section 11(2) of Act 7 of 1991 provides the following transitional provision: “Any certificate or memorandum which in terms of the section repealed by subsection (1) is deemed to have been issued under the principal Act, and of which the period of validity as specified therein has not yet expired, shall, notwithstanding the repeal of the said section, continue to be valid until the said period expires.”]252. Period of grace for compliance with certain provisions
253. Provisions of this Chapter not to be applied to ships not registered in Namibia driven into Republic ports by stress of weather
Notwithstanding the fact that any provision of this Chapter is expressed to apply to ships not registered in Namibia while they are within Namibia or within the territorial waters thereof, that provision shall not be applied to a ship not registered in Namibia if she would not have been within Namibia or within the territorial waters thereof but for stress of weather or any other circumstances that neither the master nor the owner nor the charterer (if any) of the ship could have prevented or forestalled.254. Admissibility in evidence of safety and load line certificates and surveyors’ reports
Every safety convention certificate, local safety certificate, and load line certificate and every report made by a surveyor in terms of any provision of this Act shall be admissible in evidence.Part IV – Collisions, Accidents at Sea, and Limitation of Liability
255. Division of loss in case of collision
256. Damages for personal injury
257. Right of contribution
258. ***
[section 258 deleted by Act 5 of 2004]259. Report to proper officer of accidents to ships
260. Notice to Permanent Secretary of loss of ship
If the owner or the agent of the owner of a Namibian ship or of a ship plying between ports in Namibia or between a port in Namibia and any other port has reason, owing to the nonappearance of the ship or to any other circumstances, to believe or to fear that the ship has been wholly lost, he shall as soon as conveniently may be notify the Permanent Secretary in writing of the loss or the feared loss and of the probable occasion thereof, stating the name of the ship, her official number, the port to which she belongs, and giving all other available relevant information.[section 260 amended by Act 40 of 1963]261. When owner not liable for whole damage
262. Tonnage how calculated
263. Application of this Part to persons other than the owners
Chapter VI
Special Shipping Enquiries and Courts of Enquiry and Courts of Survey
264. Preliminary enquiry into shipping casualties
265. Report to Permanent Secretary by person who has held preliminary enquiry
Upon the conclusion of an enquiry by a person appointed in terms of section two hundred and sixty-four he shall without delay transmit to the Permanent Secretary a report containing a full statement of the case, and of his opinion thereon, accompanied by such report of or extracts from the evidence and such observations as he thinks fit.266. Convening of court of marine enquiry in Namibia
267. Constitution of court of marine enquiry
268. How decisions of court of marine enquiry are reached and announced
269. Powers of court of marine enquiry in respect of master or ship’s officer
270. Convening of maritime courts outside Namibia
Whenever -271. Constitution of maritime courts
272. How decisions of maritime courts are reached and announced
273. Powers of maritime courts
274. Appeal from surveyor to court of survey
275. Convening of court of survey
Whenever an appeal to a court of survey lies in terms of section two hundred and seventy-four and has been duly noted, the Minister shall, subject to the provisions of section two hundred and eighty-two, convene a court (hereinafter referred to as a court of survey) to hear the appeal.276. Constitution of court of survey
277. How decisions of courts of survey are reached and announced
278. Powers of court of survey
A court of survey or, if an appeal has been referred to an expert or experts under section two hundred and eighty-two, that expert or those experts, may, if the appeal is against -279. Interested persons not to serve on courts of marine enquiry, maritime courts or courts of survey
280. Procedure at court of marine enquiry or maritime court or court of survey
281. Court of survey may cause ship to be surveyed
282. Reference in difficult cases to scientific persons
283. Opportunity of making a defence
284. Court may require delivery of certificate during course of investigation
A court of marine enquiry or a maritime court may at any time during the progress of the investigation order any master or ship’s officer affected by the investigation to deliver his certificate to the court forthwith.285. Witnesses to be allowed expenses
Every witness summoned by a person appointed under section two hundred and sixty-four to make a preliminary enquiry or by a court of marine enquiry, a maritime court or a court of survey or an expert or experts to whom an appeal has been referred under section two hundred and eighty-two shall be paid such expenses as would be allowed to any witness attending or subpoenaed to give evidence in a civil case before a magistrate’s court.286. Transmission to Permanent Secretary of record and decision of court of marine enquiry, maritime court, or court of survey
287. Effect of cancellation or suspension of certificate or prohibition of employment
The cancellation or suspension of a certificate by the Minister or a court of marine enquiry, or the suspension of a certificate by a maritime court, or the prohibition of employment by a court of marine enquiry or a maritime court, shall -288. Delivery of Republic certificate cancelled or suspended
A master or ship’s officer who is the holder of a certificate issued in Namibia shall, if such certificate has been cancelled or suspended by the Minister or a court of marine enquiry or suspended by a maritime court, deliver his certificate to the Minister or court on demand, or if it is not demanded by the Minister or court, to the Permanent Secretary.289. Certificate not to be endorsed
If the certificate of a master or ship’s officer is suspended by the Minister or a court of marine enquiry or a maritime court, or if the employment of a master or ship’s officer is prohibited or he is reprimanded by a court of marine enquiry or a maritime court, or if a direction is given by the Minister under section 87(2) in respect of the holder of a certificate, no person shall make any endorsement to that effect on the certificate of the master or ship’s officer.[section 289 substituted by Act 42 of 1969]290. Powers of Minister in respect of cancelled or suspended certificates
The Minister may, if he thinks the justice of the case requires it -291. Rehearing
292. Appeals against decisions of courts of marine enquiry and maritime courts
Chapter VII
Wrecks and Salvage
293. ***
[section 293 deleted by Act 5 of 2004]294. ***
[section 294 amended by Act 5 of 1976 and deleted by Act 5 of 2004]295. ***
[section 295 deleted by Act 5 of 2004]296. ***
[section 296 deleted by Act 5 of 2004]297. ***
[section 297 deleted by Act 5 of 2004]298. ***
[section 298 amended by Act 30 of 1959, Act 40 of 1963 and Act 7 of 1991, and deleted by Act 5 of 2004]299. ***
[section 299 deleted by Act 5 of 2004]300. ***
[section 300 deleted by Act 5 of 2004]301. ***
[section 301 amended by Act 30 of 1959 and by Act 5 of 1976, and deleted by Act 5 of 2004]302. ***
[section 302 deleted by Act 5 of 2004]303. ***
[section 303 deleted by Act 5 of 2004]304. ***
[section 304 deleted by Act 5 of 2004]304A. ***
[section 304A inserted by Act 5 of 1976, amended by Act 70 of 1977 and deleted by Act 5 of 2004]305. ***
[section 305 deleted by Act 5 of 2004]306. ***
[section 306 deleted by Act 5 of 2004]Chapter VIII
Carriage of Goods by Sea
307. ***
[section 307 deleted by Act 1 of 1986]308. ***
[section 308 deleted by Act 1 of 1986]309. ***
[section 309 deleted by Act 1 of 1986]310. ***
[section 310 deleted by Act 1 of 1986]311. ***
[section 311 amended by Act 40 of 1963 and deleted by Act 1 of 1986]Chapter IX
Offences, Penal Provisions and Legal Procedure
312. Offences not expressly mentioned
Any person who contravenes any provision of this Act or who fails to comply with any provision thereof with which it was his duty to comply shall be guilty of an offence.313. Penalties for offences
Column 1. | Column 2. |
---|---|
Contravening or failing to comply with the following provisions. | Penalty. |
Section 201. | Fine of R80 and, in addition, for every passenger in excess of the number permitted by the certificate or memorandum, a fine of double the highest fare payable by any passenger on board. |
Section 16, 19(2), 36(2), 65(2), 68, 72, 117(1), 118, 172, 213, 232(1) or 250. | Fine of R400. |
Section 9(2), 174(2)(c) or (e), 200(1)(c) or (d), 212(b), 219(a)(ii), 228(1) or 303(1). | Fine of R400 or six months’ imprisonment or both such fine and imprisonment. |
Section 32(2). | Fine of R400 or six months’ imprisonment or both such fine and imprisonment and, in addition, a fine of R20 for every day during which the offence continues after conviction. |
Section 73(1), 174(2)(d), (f) or (g), 200(1)(a) or (b), 212(a), 219(a)(i) or (b), 221(1), 235(1) or (2), 236(1), 237(1) or (2), 316(a), (b), (e), (f), (g) or (h) or 320. | Fine of R800 or one year’s imprisonment or both such fine and imprisonment. |
Section 9(3), 11(2), 25, 65(3), 66, 67, 174(1), 204(3), 234(1) or (2), 296, 299(2), 314, 315 or 316(c). | Fine of R2 000 or two years’ imprisonment or both such fine and imprisonment. |
Section 214(1). | Fine of R2 000 or two years’ imprisonment, or both such fine and such imprisonment, and, in addition, a fine of R800 for every 25 mm or fraction thereof by which the appropriate load line on each side of the ship was submerged or would have been submerged if the ship had had no list. |
Section 240. | Fine of R4 000 or three years’ imprisonment or both such fine and imprisonment. |
Section 316(d). | Fine of treble the value of the ship or goods received or had in possession or R4 000, whichever is the greater, or three years’ imprisonment or both such fine and imprisonment. |
314. Bribery
No person shall, in respect of a matter relating to this Act -315. Forgery and other fraudulent acts
No person shall -316. Obstructing administration of Act
No person shall -317. Stowaways
318. Ships not to be boarded without authority
No person not being duly authorized by or under this Act or any other law shall -319. Offences in connection with passenger ships
320. Obstruction of navigation of ship
No person shall without reasonable excuse do anything to obstruct or injure any of the equipment of any ship wherever registered, or obstruct, impede or molest any of the crew in the navigation and management of the ship or otherwise in the execution of their duties about the ship.321. Conveyance of deserter on board ship
Whenever any seaman or apprentice-officer of a Namibian ship or other treaty ship is convicted by any court of Namibia, or any seaman or apprentice-officer of a Namibian ship is convicted by a court of a treaty country other than Namibia, of desertion or absence without leave or other breach of discipline, the court shall, if the voyage has not yet been completed, and if the master or any ship’s officer or the owner or his agent so requires, instead of imposing upon him any fine or sentence of imprisonment, cause him to be conveyed on board for the purpose of proceeding on the voyage: Provided that the court may decline to exercise this power in any particular case, if for any reason it thinks it advisable so to decline.[section 321 amended by Act 69 of 1962]322. Imprisoned seamen may be sent back on board
If a seaman or apprentice-officer of a Namibian ship or other treaty ship is undergoing a sentence of imprisonment in Namibia, or if a seaman or apprentice-officer of a Namibian ship is undergoing a sentence of imprisonment in a treaty country other than Namibia, for the offence of desertion or absence without leave or other breach of discipline, any person who is a judicial officer of a court within whose area of jurisdiction the place of imprisonment is situated may, during his imprisonment, and before his engagement is at an end, and on the application of the master or owner or agent of the ship, and notwithstanding that the period of imprisonment has not concluded, cause the seaman or apprentice-officer to be conveyed on board his ship for the purpose of proceeding on the voyage, and the seaman or apprentice-officer shall not thereafter be required to serve the remaining portion of the period of imprisonment.[section 322 amended by Act 69 of 1962]323. Deduction from wages and payment to proper officers etc. of fines
324. Permanent Secretary may impose penalty upon admission of guilt
325. Release from forfeiture or mitigation of penalties
The Minister, or the Permanent Secretary in cases where the power of release or mitigation of penalties has been delegated to him by the Minister, may -326. Appropriation of wages to satisfy award of compensation in offences against discipline
When a seaman or apprentice-officer has been convicted of desertion as defined by section one hundred and seventy-five or of absence without leave as defined by section one hundred and seventy-six or of contravening any of the provisions of sub-section (1), (2) or (3) of section one hundred and seventy-four, and the court trying the case has made an award of compensation under section three hundred and fifty-seven of the Criminal Procedure Act, 1955 (Act No. 56 of 1955), any wages that have accrued or that may thereafter accrue to him may be applied to the satisfaction of the award.[Section 326 is amended by Act 30 of 1959. Section 357 of the Criminal Procedure Act 56 of 1955 is no longer in force. The relevant law is now the Criminal Procedure Act 51 of 1977.]327. Jurisdiction in respect of offences committed outside Namibia
328. Jurisdiction of magistrates’ courts to impose punishment
Notwithstanding anything to the contrary contained in any other law, a magistrate’s court shall have jurisdiction to impose any punishment prescribed by this Act: Provided that this section shall not apply in respect of any compensation referred to in sub-section (2) of section two hundred and thirty-two or to any forfeiture under section three hundred and thirty-four.329. ***
[section 329 deleted by Act 105 of 1983]330. ***
[section 330 deleted by Act 5 of 2004]331. ***
[section 331 deleted by Act 5 of 2004]332. ***
[section 332 substituted by Act 40 of 1963 and deleted by Act 105 of 1983]333. Inquiry into cause of death on board ship
334. Forfeiture of ships, shares in ships and goods
All ships, shares or interests in ships or goods which are dealt with contrary to the provisions of this Act, or by means of which any offence under this Act is committed, or in connection with which or concerning which any false statement is made or any forged document or any document containing any false statement is produced or used for any purpose of this Act, or in connection with which an offence is committed under sub-section (2) of section eleven, section twenty-five, subsection (3) of section sixty-five, section sixty-six, section sixty-seven, section two hundred and forty or paragraph (c) of section three hundred and sixteen, read with section three hundred and twelve, shall be liable to forfeiture.335. Method of detaining a vessel or a share in a ship or goods
336. Procedure in forfeiture of a ship, a share in a ship or goods
337. Seizure of a ship, a share in a ship or goods detained or liable to forfeiture
338. No clearance to be granted to detained ship
Whenever in terms of this Act a ship must be or has been detained an officer of customs shall, and whenever in terms of this Act a ship may be detained an officer of customs may, refuse to grant a clearance to that ship.339. Detention of foreign ship that has occasioned damage
340. Notice to be given to consular representative of proceedings taken in respect of foreign ships
If any foreign ship is detained under this Act, or if any proceedings are taken under this Act against the master or owner of any foreign ship, notice shall forthwith be served on the consular representative of the country in which the ship is registered at or nearest to the port where the ship is for the time being, and such notice shall specify the grounds on which the ship has been detained or the proceedings have been taken.341. Conveyance of accused persons and witnesses to Namibia
342. Service of documents
Where for the purposes of this Act any document is to be served on any person, that document may be served -343. Notice of action against Government to be given
343bis. Indemnification of the State and certain persons in the employ of the State
Notwithstanding anything to the contrary in any law contained, the State and its officers and employees acting in the performance of their duty in shall not be liable for -344. Prescription
345. Payment of allowances to persons appointed to make preliminary enquiries into shipping casualties, to members of courts of marine enquiry, maritime courts or courts of survey and assessors
Any person appointed under section 264, any member of a court of marine enquiry, maritime court or court of survey, any expert to whom an appeal has been referred under section 282 or any assessors summoned under section 292(2) shall, if he or she is in the employ of the Government of Namibia, be paid such allowances towards subsistence and transport as may be prescribed (otherwise than under this Act) for Government employees of his or her class, and if he or she is not in the employ of the Government of Namibia, or if no such allowances have been prescribed for Government employees of his or her class, he or she shall be paid such allowances towards subsistence and transport as may be prescribed by the regulations made under this Act.[section 345 amended by Act 40 of 1963 and substituted by Act 5 of 2004]346. Presumption of knowledge
Whenever at the trial of any person charged under this Act the question arises whether the accused knew at any particular time that a statement referred to in the indictment, summons or charge was untrue, and it is proved or admitted that that statement was untrue, the accused shall be presumed to have known at the particular time referred to that the statement was untrue, unless the contrary is proved, and unless it is proved also that his ignorance was not due to negligence on his part.347. Presumption in case of collision
If any damage to person or property arises from the non-observance by any ship of any of the collision regulations, the damage shall be deemed to have been caused by the wilful default of the person in charge of the deck of the ship at the time, unless it is proved that the circumstances of the case made a departure from the regulations necessary.348. Mode of making declaration
Declarations required by this Act shall be made in Namibia before a proper officer or commissioner of oaths, and outside Namibia before a proper officer or any person who by the law of the place where it is made is authorized to administer an oath, and may be made on behalf of a corporate body by the Permanent Secretary or any other officer of that body authorized by it for the purpose.349. Power to dispense with declarations and other evidence
When in terms of this Act any person is required to make a declaration, or any documentary or oral evidence is required to be produced to the proper officer, and it is shown to the satisfaction of that officer that for reasonable cause that person is unable to make the declaration, or that the evidence cannot be produced, the said officer may, with the approval of the Permanent Secretary, and on the production of such other evidence, and subject to such terms as he may think fit, dispense with the declaration or evidence.350. Admissibility of documents in evidence
351. Evidence as to agreement with crew
In any legal or other proceedings a seaman may bring forward evidence to prove the contents of any agreement with the crew, without producing or giving notice to produce the agreement or any copy thereof.352. Acts done by courts and functionaries of Namibia in relation to treaty ships other than Namibian ships
Whenever any law enacted before or after the coming into operation of this section and in force in any treaty country (other than Namibia) provides that any court or functionary of Namibia may or shall exercise any authority or perform any act in relation to ships registered or entitled to be registered in that treaty country, their owners, masters, seamen, or apprentice-officers, such court or functionary may exercise any such authority or perform any such act, and all things done by such court or functionary under this section shall have the same effect as if that law had been enacted in Namibia.[section 352 substituted by Act 69 of 1962]353. Acts done by courts and functionaries of other treaty countries in relation to Namibian ships
Chapter X
General
354. Recognition of certificates of competency or qualification granted in other treaty countries
355. Application of certain industrial laws to seamen
356. Regulations
356bis. Ratification of certain conventions and of certain amendments of conventions
The President may by proclamation in the Gazette -357. Exemption from stamp duty
Notwithstanding anything to the contrary in any law in force relating to stamp duty, any affidavit, certificate, receipt or other document required or issued under any provisions of this Act except a bill of lading, shall be exempt from stamp duty.[section 357 amended by Act 40 of 1963 with effect from 1 January 1960, in terms of section 61(2) of Act 40 of 1963]358. Short title and commencement
This Act shall be called the Merchant Shipping Act, 1951, and shall come into operation on a date to be fixed by the President by proclamation in the Gazette: Provided that the President may from time to time by proclamation in the Gazette bring into operation only such portions of this Act as he may specify in such proclamation.[Act 40 of 1963 made a global substitution of “State President” for “Governor-General”, and Act 7 of 1991 then made a global substitution of “President” for “State President”. However, the Act had already been brought into force by a proclamation of the Governor-General prior to these substitutions.]History of this document
01 November 2004 this version
Amended by
Wreck and Salvage Act, 2004
01 March 1994
Amended by
Namibian Ports Authority Act, 1994
05 June 1991
Amended by
Merchant Shipping Act, 1991
08 March 1989
Amended by
Merchant Shipping Amendment Act, 1989
15 October 1987
Amended by
Transport Advisory Council Act, 1987
04 July 1986
Amended by
Carriage of Goods by Sea Act, 1986
12 July 1985
Amended by
Merchant Shipping Amendment Act, 1985
01 November 1983
Amended by
Admiralty Jurisdiction Regulation Act, 1983
01 October 1982
Amended by
Merchant Shipping Amendment Act, 1982
10 September 1982
13 February 1981
Amended by
Merchant Shipping Amendment Act, 1981
01 August 1978
Amended by
Native Laws Amendment Proclamation, 1979
17 May 1978
Amended by
Merchant Shipping Amendment Act, 1978
03 June 1977
Amended by
Merchant Shipping Amendment Act, 1977
17 March 1976
Amended by
Merchant Shipping Amendment Act, 1976
13 March 1974
Amended by
Merchant Shipping Amendment Act, 1974
01 September 1972
01 February 1972
07 May 1969
Amended by
Merchant Shipping Amendment Act, 1969
13 March 1968
Amended by
Merchant Shipping Amendment Act, 1965
01 January 1967
Amended by
Unemployment Insurance Act, 1966
10 May 1963
Amended by
Merchant Shipping Amendment Act, 1963
20 June 1962
Amended by
Commonwealth Relations Act, 1962
01 January 1960
01 May 1959
Amended by
Merchant Shipping Amendment Act, 1959
24 August 1951
27 June 1951
Assented to
Subsidiary legislation
Title | Numbered title |
---|---|
Education, Training and Certification of Namibian Seafarers Regulations, 2004 | Government Notice 41 of 2004 |
Manning of Ships Regulations, 2003 | Government Notice 240 of 2003 |
Merchant Shipping (Radio Installations) Regulations, 2010 | Government Notice 105 of 2010 |
Cited documents 12
Legislation 12
- Administration of Estates Act, 1965
- Building Societies Act, 1986
- Criminal Procedure Act, 1977
- Deeds Registries Act, 1937
- Employees’ Compensation Act, 1941
- Explosives Act, 1956
- Income Tax Act, 1981
- Insolvency Act, 1936
- Insurance Act, 1943
- Medical, Dental and Supplementary Health Service Professions Act, 1974
- National Welfare Act, 1965
- Sea Fisheries Act, 1992
Documents citing this one 58
Gazette 40
- Namibia Government Gazette dated 1990-12-01 number 112
- Namibia Government Gazette dated 1991-06-05 number 217
- Namibia Government Gazette dated 1991-10-15 number 276
- Namibia Government Gazette dated 1992-04-08 number 388
- Namibia Government Gazette dated 1992-04-24 number 399
- Namibia Government Gazette dated 1992-10-01 number 493
- Namibia Government Gazette dated 1994-02-24 number 801
- Namibia Government Gazette dated 1994-06-01 number 863
- Namibia Government Gazette dated 1995-06-15 number 1095
- Namibia Government Gazette dated 1995-12-15 number 1215
- Namibia Government Gazette dated 1997-05-02 number 1549
- Namibia Government Gazette dated 1997-08-22 number 1664
- Namibia Government Gazette dated 1998-03-02 number 1800
- Namibia Government Gazette dated 1998-04-03 number 1837
- Namibia Government Gazette dated 1998-04-23 number 1847
- Namibia Government Gazette dated 1998-06-30 number 1900
- Namibia Government Gazette dated 1998-07-02 number 1902
- Namibia Government Gazette dated 1999-05-15 number 2104
- Namibia Government Gazette dated 1999-09-23 number 2188
- Namibia Government Gazette dated 2000-12-27 number 2458
- Namibia Government Gazette dated 2001-06-05 number 2549
- Namibia Government Gazette dated 2001-07-16 number 2579
- Namibia Government Gazette dated 2002-04-19 number 2728
- Namibia Government Gazette dated 2002-04-22 number 2729
- Namibia Government Gazette dated 2003-11-20 number 3097
- Namibia Government Gazette dated 2004-03-05 number 3164
- Namibia Government Gazette dated 2004-06-30 number 3227
- Namibia Government Gazette dated 2004-07-14 number 3235
- Namibia Government Gazette dated 2004-07-23 number 3244
- Namibia Government Gazette dated 2004-08-16 number 3261
- Namibia Government Gazette dated 2004-12-08 number 3339
- Namibia Government Gazette dated 2004-12-30 number 3362
- Namibia Government Gazette dated 2007-10-15 number 3919
- Namibia Government Gazette dated 2007-12-31 number 3971
- Namibia Government Gazette dated 2009-03-17 number 4227
- Namibia Government Gazette dated 2010-05-18 number 4486
- Namibia Government Gazette dated 2012-03-30 number 4914
- Namibia Government Gazette dated 2016-10-14 number 6150
- Namibia Government Gazette dated 2017-06-26 number 6342
- Namibia Government Gazette dated 2020-08-25 number 7318
Judgment 1
Law Reform Report 1
Legislation 16
- Births, Marriages and Deaths Registration Act, 1963
- COVID-19: Regulations Relating to Health Matters
- Companies Act, 2004
- Education, Training and Certification of Namibian Seafarers Regulations, 2004
- Engineering Profession Act, 1986
- Executive Powers (Interior) Transfer Proclamation, 1978
- Executive Powers (Transport) Transfer Proclamation, 1978
- Labour Act, 2007
- Manning of Ships Regulations, 2003
- Marine Resources Act, 2001
- Namibian Ports Authority Act, 1994
- Port Regulations, 2001
- Prevention and Combating of Pollution of the Sea by Oil Act, 1981
- Regulations relating to the Health, Safety and Welfare of Persons Employed, and Protection of Other Persons, Property, the Environment and Natural Resources, in, at or in the vicinity of Exploration and Production, 1999
- Regulations relating to the Registration of Regulated Businesses, 2004
- Wreck and Salvage Act, 2004