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FAQ's

The participating companies/managers are expected to provide their P&I cover which should only extend to repatriation of the cadet. SAMTRA has a Group Personal Accident cover for each cadet which will apply on the cadets return to his home port for any further medical costs that may occur or in event of a loss of limb the cost of rehabilitation and compensation for loss of such limb. Death benefits also apply. In addition travel insurance cover has been obtained to cover the cadet during travel to /from a vessel.

What options do the participating companies have in employing the cadets on qualification as Officer of the Watch. The participating company has first right to employ the cadet and the cadet’s bursary agreement includes an obligation on the cadet to serve for at least one year with the participating company upon qualification however the company is under no obligation to employ the cadet.

The following contracts are applicable:
1. SAMTRA –“Owner” (shipping company/manager) Agreement which covers the roles and responsibilities of the parties
2. SAMTRA –Cadet Bursary Agreement. (Provided to the “Owner” for information only.
3. “Owner” – Cadet Short term contract of employment which provides more control over cadet
performance than Articles of Agreement.

Cadets will follow an accelerated cadetship which has to be accredited by SAMSA. Participating companies onboard training record books can be used (after accreditation by SAMSA) or SAMSA’s own training record book which is based on the ISF version. Cadets must comply with all SAMSA qualification requirements and once they pass their final Oral examinations, conducted by SAMSA they will be issued with a fully STCW compliant South African Certificate of Competency as Officer of the Watch (Deck or Engine)

What training requirements must OOW’s meet in order to obtain higher level Certificates of Competency? Once seatime requirements are met, as per the STCW Code, the candidates are required to attend a further year of studies at a nautical college in South Africa. Once successfully completed and once any additional Ancillary course requirements are met the candidates present themselves for an Oral examination at SAMSA to obtain the next level of Certificate of Competency.

Please refer to the diagrams entitled: TRAINING REQUIREMENTS FOR ENGINEER OFFICER, once Qualified as OOW &
TRAINING REQUIREMENTS FOR DECK OFFICER, once Qualified as OOW for further information.

Cadets sign a bursary agreement with SAMTRA to cover the terms of the financial support they receive during their training. The only time an employment contract is deemed to exist is when cadets sign on Articles of Agreement on any vessel on which they serve. Most companies prefer to include a fixed time contract of employment valid only for the period the cadets is signed on Articles to provide greater control and to ensure that their P&I Insurance cover is applicable to the cadets being trained.

With an increasing number of shipping companies/managers participating in the project how are cadets to be rotated between companies? The intention is that a cadet will remain with the company providing the berth and undergo onboard training to that company’s standards and will not switch or transfer between companies. This will also be a requirement of SAMSA the Maritime Safety Authority.

The instance does arise where a new building will be required to be registered for the purpose of registering a mortgage bond prior to the building being completed.  In such instances the surveyor shall evaluate the state of completion of the vessel with reference to the approve plans and particulars but shall as a minimum confirm that;

  1. The hull and principal deck structures are 90% complete
  2. The vessel’s main and essential auxiliary machinery is in place
  3. All hull fittings are complete (Rudder, shaft, sea cocks etc.)

The Authority may direct the Registrar to issue a temporary pass in respect of an unregistered ship that is entitled to be registered if the Authority is satisfied by reason of special circumstances permission should be granted for the ship to travel –
From a South African port to a foreign port; or
From a foreign port to another foreign port or to a South African port.
The Temporary Pass when issued will display

  • the commencement  and termination date of the voyage
  • expiry date of the Temporary Pass
  • the voyage that the ship is entitled to make.

Once the vessel reaches its destination the Temporary Pass is no longer valid and must within a period of 10 days be surrendered to the Registrar of Ships.  Failure to do so will result in the Owner /Skipper being fined R20 000.00.

South African National is defined as-

  • A South African Citizen
  • A South African body corporate established in terms of a law of the Republic with a place of business in the Republic
  • A South African Trust in which
    • The majority of trustees having the controlling power at any given time are South Africa  nationals, and
    • A majority of the beneficial interests are held by such South African nationals
  • The Government of the Republic.

South African Resident is defined as

  • A natural person whose permanent place of abode is in the Republic
  • A natural person whose domicile is in the Republic
  • A body corporate, wherever incorporated, that has its principal place of business in the Republic (external registered company)
  • A trust which
    • The majority of trustees having the controlling power at any given time are South African residents, and
    • A majority of the beneficial interests are held by such South African residents.

NB.  A natural person is any human being as opposed to a legal or juristic person such as companies, closed corporations, statutory bodies etc.

  • South African owned ships, which includes small vessels used for Fishing
    • Small vessels other than fishing vessels
    • Ships on bareboat charter to South African Nationals being:
    • Ships other than fishing vessels
    • Ships of over 500 gross tonnage
    • Ships propelled by mechanical means and
    • Where the charter agreement is for a period of longer than two years.

Ships that cannot be registered

  • Vessels of primitive build
  • Vessel of less than 3 metres in length
  • Vessels registered elsewhere (dual registration) (except as provided for under bareboat charter)
  • Vessels used on inland waters
  • South African registered ship
  • Unregistered ship, being ships entitled to be registered in terms of the Act.

Ships that are entitled to be registered are

  1. South African owned ships
  2. Small vessels, other than fishing vessels that are
    1. Wholly owned by South African residents or South African residents and South African nationals; or
    2. Operated solely by South African residents or South African nationals or both such residents and such nationals; and
  3. Ships on bareboat charter. Being ships that are
    1. Vessels other than fishing vessels
    2. Vessels of over 500 gross tons
    3. Ships propelled by mechanical means and
    4. Where the charter agreement is longer than 2 years

For registration, a ship

  • Can be divided into 64 shares and only 64 shares.
  • The number of persons registered as owners of a ship may not at any time exceed 64
  • Any number of persons not exceeding five maybe registered as joint owners of a ship or of one or more shares in a ship
  • A joint owner may not dispose of his or her interest separately
  • A person may not be registered as owner of a fractional part of a share in a ship
  • A body corporate is registered as owner by its name
  • A trust is registered as owner in the name of the trust.

Marine Notice No. 25 of 2007 – Obligation to report, casualties, accidents
            & serious injuries.

Marine Notice No. 8 of 2011 – “Marine incident Report” for use by small
           vessels involved in an incident.

CASUALTY/ACCIDENT REPORT  - for vessel’s for commercial vessels over 25
          gross tons
 

The period of registration of a ship, excluding vessels on Bareboat charter, unless terminated earlier is valid for a period of 5 years .

This 5 year period is calculated from the date the vessel was last registered and the expiry date is indicated on the certificate of South African Registry and will expire at the end of that period unless it is renewed.

Where the register is not renewed within the period specified, the registrar will upon expiry of that period make an entry in the register to that effect, and the registration of the ship will be deemed to be closed.

Quick Links
Check sheet for requirements

In the case where the Authority has reason to suspect that a registered ship is not entitled to be registered or that it would be inappropriate for the ship to remain on the register having regard

  •  
  • To the relevant requirements of the Shipping Act in respect of –
    • The condition of the ship in respect of its safety or any risk of pollution ; and
    • The safety, health and welfare of persons employed or engaged on the ship or
  • To the interests of the Republic or international merchant shipping
  • Top registration requirements that have not been complied with
  • To the registration of any class or description of ships that is prohibited by regulations made by the Minister.

The Authority must serve a notice, with the reasons why, on the agent that it intends closing the register after the expiry period of 30 days.  During this period the agent can show good reasons why the register should not be closed.  Alternatively, the agent may consent to the register being closed.  If, after consideration, the Authority is still of the opinion that the ship’s registration is to be closed,  the Authority is to notify the Registrar in writing directing him/her to close the register.

De-registration (Deletion)

Reasons for the deregistering of a ship are as follows:

A registered vessel that

  • Ceases to be entitled to be registered
  • Is burnt or broken up
  • Is taken by an enemy
  • Is actually or constructively lost.

The owner/agent must, immediately after obtaining knowledge of the reason, give notice in writing to the Registrar.

Such notice should include

  • Letter requesting deletion & giving reason why the vessel is to be deleted with any supporting documentation attached.
  • A copy of the casualty report (if applicable)
  • The original Certificate of South African Registry
  • The applicable for the Deletion.

Reasons for deregistration of a ship are as follows:

A registered ship that

  • Is either actually or constructively lost
  • Is taken by an enemy
  • Is burnt or broken up
  • Ceases to be entitled to be registered

The owner of the ship must, immediately after obtaining knowledge of the reason, give notice in writing to the Registrar.
Such notice should include the following:

  • Letter requesting deletion, giving reason why vessel is to be deleted with any supporting documentation
  • A copy of the casualty report (if applicable)
  • The original Certificate of South African Registry

Once in receipt of the above the registrar will close the register and issue a deletion certificate.

Quick Link
Request for Deletion

In respect of every registered ship the name and address of a person must be entered in the register as the registered agent of that ship.  This agent will be the person who serves as the central point of communication between the vessel and this office.  The agent need not be South African, but must be resident in South Africa.

In terms of the SRR the registered agent can be-

  • In the case of a ship operated solely by South African residents or South African nationals or both such residents and such nationals, the operator or one of the operators of the ship.
  • In the case of a ship on bareboat charter to South African nationals, the charterer or one of the charterers of the ship
  • In the case of a ship without a managing owner, the person or one of the persons who is the ship’s agent or a person managing the ship
  • In any other case, the managing owner or one of the managing owners.

Should the agent or details of the registered agent change the Registrar must be informed in writing within 14 days.

In terms of the South African Ship Registration Act it is not a requirement for vessels that are entitled to be registered and who are operating only in South African waters  to be registered, however where a vessel is not registered it must be licenced.  There are exceptions where vessels must be registered and these are

  • Vessels that trade internationally
  • Where a mortgage bond is to be registered over a vessel
  • To obtain the right to fish under South African jurisdiction, except in the case of less than 25 gross ton fishing vessels.
  • Pleasure vessels undertaking international voyages.

Quick Links

Application for Registration
Check sheet  for
Registration of a New Building
Registration of a Sport and Recreation Vessel
Provisional Registration
Existing Vessel purchased overseas

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Maritime Emergency Number: 021-938-3300