Lloyd's Maritime and Commercial Law Quarterly
INTERNATIONAL LEGISLATION
SOUTH AFRICA
Merchant Shipping Act—Amendments.
The first major maritime enactment in South Africa, the Merchant Shipping Act 1951 (Act 57 of 1951), which came into operation in January, 1960, was closely modelled on the British Merchant Shipping Act of 1894. Clearly, practical problems could be expected, and there have been seven amending Acts.
The latest, passed in 1974, has two main provisions. First, it enables the executive to make regulations prescribing the class or classes of ships on which antiscorbutics, medicines and first-aid equipment must be carried. Previously, there was an absolute requirement in respect of ships of more than 100 tons.
The new Act also extends the powers of Courts of Marine Inquiry, which are constituted ad hoc to investigate collisions and accidents at sea. Previously, these Courts could merely cancel or suspend the certificate of competency or service of a master or ship’s officer. Now they have the additional power to prohibit his employment in any stated capacity for a stated period.
There have, incidentally, been 48 Courts of Marine Inquiry constituted since 1960. Their findings have not been published in any official or unofficial law reports in South Africa. This is unfortunate, as they are presided over by a senior Magistrate, who is assisted by two nautical assessors. It is understood, however, that their findings are shortly to be edited and published.
UNITED KINGDOM
Export Guarantees Amendment Bill—First reading—House of Commons, Dec. 2, 1974.
This Bill contains further provisions regarding the powers and duties of the Secretary of State under the Export Guarantees Acts, 1968 and 1970. It empowers the Minister (acting through the Export Credits Guarantee Department with the consent of the Treasurer) to make loans and interest grants in connection with export transactions; and by amending his powers in relation to security. A limit of £12,200 million is imposed on the amounts of the commitments under the Export Guarantee Act 1968, and the Bill, but power is given to increase the combined limit by means of Orders, by a sum not exceeding £3000 million, on each three occasions.
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