Offences
Overview
Ship Registration
Mortgages and Ownership
Offences

​ 

 

SUMMARY OF OFFENCES AGAINS THE SHIP REGISTRATION ACT​

​​


Note: Offences by body corporate. Section 52(5) of the Act provides that where a body corporate is guilty of an offence, a director, manager, secretary or other officer of the body corporate who is in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the offence is also guilty of that offence and is punishable accordingly. This applies to all offences in terms of the Act, including those offences established by the regulations.

 

Description of offence
 
Section / Item Person(s) liablePenalty
Failing to hoist the National Flag on South African Ship
 
4(2) read with 52(1) & (2) Master R40 000 or 2 years
Hoisting prohibited colours etc on South African ship
 
4(3) read with 52(1) & (2) Anyone R40 000 or 2 years
Permitting prohibited colours etc to be hoisted on a South African Ship
 
4(4) read with 52(2) Master R40 000 or 2 years
Unlawfully causing ship to appear to be a South African ship.
 
5(1) read with 52(4) Master or owner R100 000 or 5 years
Unlawfully concealing etc nationality of South African ship.
 
5(3) read with 52(4) Master or owner R100 000 or 5 years
Failing to maintain prescribed marking on registered ship
 
20(2) read with 52(3) Master and owner R5 000 or 3 months for every day that marking not maintained
Concealing etc prescribed marking on registered ship
 
20(3) read with 52(1) & (2) Anyone R40 000 or 2 years
Describing a registered ship by name other than its registered name
 
21(1) read with 52(1) & (2) Anyone R40 000 or 2 years
Unlawfully detaining ship’s registration certificate
 
24(2) read wotj 52(1) & (4) Anyone R100 0000 or 5 years
Failing to deliver on demand ship’s registration certificate
 
24(2) read with 52(1) & (4) Anyone R100 000 or 5 years
Failing to lodge ship’s provisional registration certificate with the Registrar within prescribed time after the ship’s arrival in a South African Port
 
25(6) read with 52(1) & (2) Anyone in possession of the certificate R40 000 or 2 years
Failing to lodge ship’s provisional registration certificate with the Registrar within prescribed time after the ship’s arrival in a South African port
 
26(5) read with 52(1) & (2) Anyone in possession of the certificate R40 000 or 2 years
Failing to lodge ship’s provisional registration certificate with the Registrar within prescribed time after the ship’s arrival in a South African port
 
27(5) read with 52(1) & (2) Anyone in possession of the certificate R40 000 or 2 years
Using etc invalid registration certificate, provision registration certificate or Temporary Pass
 
30 read with 52 (4) Anyone R100 000 or 5 years
Intentionally making false entries in the Register
 
38 read with 52(1) & (2) Anyone R40 000 or 5 years
Failing to give notice of an alteration to a registered ship
 
41 read with 52(3) Registered Agent R5 000 or 3 months for every day that notice is not given
Failing to give notice that a ship is lost etc or ceasing to be entitled to be registered
 
 
 
42(1) read with 53(3) Owner R5 000 or 3 months for every day that notice is not given
Failing to deliver ship’s registration certificate or provisional registration certificate where registration is closed.
 
42(10) read with 52(1) & (2) Anyone in possession of the certificate R40 000 or 2 years
Unregistered ship entitled to be registered departing from a South African port to a place outside the Republic
 
 
 
44(2) Master and any owner that orders or permits departure R60 000 or 3 years
Unregistered ship entitled to be registered departing from a foreign port, at which there is a proper officer, without a registration certificate, provisional registration certificate or a Temporary Pass
 
45(2) Master, and any owner that orders or permits the departure R60 000 or 3 years
Ship going to sea while detained.
 
 
 
49(2) read with 52(2) Master, and any owner that orders or permits such action R40 000 or 2 years
Taking officer to sea without his/her consent
 
 
 
50(1) read with 52(2) Master, and any owner that orders or permits such an action. R40 000 or 2 years
Failing to assist officers and to carry out lawful instructions
 
 
 
50(2) read with 52(1) & (2) Master and Crew R40 000 or 2 years
Influencing or attempting to influence an officer in the performance of duties by means of knowingly false or misleading information
 
51(1) read with 52(4) Anyone R100 000 or 5 years
Knowingly making a false or misleading statement or presenting false or misleading information
 
51(2) read with 52(1) & (2) Anyone R100 000 or 5 years
Where property in a ship or a share transmitted by operation of law, failing to lodge the prescribed documents with the Registrar within the time prescribed or allowed
 
[Sch] 4(1) read with 52(1) & (2) Anyone to whom property transmitted R40 000 or 2 years
Where ship or share transferred or transmitted, failing to deliver ship’s registration certificate within the prescribed time to person to whom ship or share transferred or transmitted.
 
[Sch] 8(1) read with 52(3) Anyone in possession of the certificate R5 000 or 3 months for every day that the certificate is not delivered
Failing to deliver ship’s registration certificate to the Registrar
[Sch] 8(2) read with 52(3) Anyone in possession of the certificate, to who ship or share transferred or transmitted R5 000 or 3 months for every day that certificate is not delivered
Where mortgage is transferred, failing to lodge prescribed documents with the Registrar within time prescribed or allowed
 
[Sch] 12(2) read with 52(1) & (2) Transferee R40 000 or 2 years
Where interest in mortgage is transmitted, failing to lodge prescribed documents with Registrar within time prescribed or allowed:
 
[Sch] 13(1) read with 52(1) & (2) Anyone to whom interest is transmitted R40 000 or 2 years
Where a mortgage is discharged, failing to lodge prescribed documents with
Registrar with time prescribed or allowed
 
[Sch] 14(2) read with 52(1) & (2) Mortgagor R40 000 or 2 years
Without reasonable excuse, failing to remove unauthorised markings on registered ship
 
23(8) read with 23(9) Owner R10 000 or 6 months
Without reasonable excuse,, failing to lodge found registration certificate or provisional registration certificate with Registrar
26(4) & (5) read with 26 (7) Whoever has custody or control of the certificate, being either the owner, master or registered agent of the ship R20 000 or 12 months
Without reasonable excuse, failing to lodge expired provisional certificate with Registrar within prescribed time
 
29(4) read with 27(5) Anyone in possession of the certificate R20 000 or 12 months
Where a voyage specified in a Temporary Pass is completed or abandoned, or validity of the pass expires, failing, without reasonable excuse, to surrender pass within prescribed time
 
29(7) & (8) read with 29(9) Anyone in possession of the pass R20 000 or 12 months
Where change occurs in registered particulars of an owner, operator, charterer or registered agent of ship, failing, without reasonable excuse, to deliver prescribed information about the change to the Registrar within the prescribed time.
 
9(1) read with 39(5) Registered agent R20 000 or 12 months
Where a change occurs in the registered particulars of the owner operator, charterer or registered agent of a ship, failing, without reasonable excuse, to deliver the prescribed information about the change to the Registrar within the prescribed time.
 
39(2) read with 39(5) Mortgagee R20 000 or 12 months
Without reasonable excuse, failing to lodge signed certificate of alteration of home port on a ship
 
45(4) read with 45(5) Registered Agent R20 000 or 12 months


ABOUT US CORPORATE RESOURCES    QUICK DIRECTORY COMMUNITIES
​​ 454512.png

Our Mandate
Corporate Social Investments
Mission and Vision
Governing Structure​

Annual Reports
Events Calendar
Careers at SAMSA
Maritime Guidance
Cadetship
Tenders
Multimedia Gallery

Emergency Numbers
Contact Us
Marine Notices
Service Request
Checklists
Web Mail