South African Ship Registration

• The registration and control of South African ships are subject to specific regulations.
• Applicable statutory laws include the Merchant Shipping Act, the Ship Registration Act, the Registration of Ships Regulations, and the Admiralty Jurisdiction Regulations Act.

Application of the Ship Registration Act (SRA)

• The SRA applies to all South African ships.
• The SRA applies to foreign ships within 200 nautical miles of South Africa.

Excluded Vessels

• South African National Defence Force (SANDF) ships do not require registration.
• Foreign government-owned or operated vessels do not require registration.

Compulsory Registration

• Registration is compulsory for SA ships engaged on a foreign-going voyage, also known as an international voyage.
• Any SA ship financed by a mortgage has to be registered.

Registration Prohibitions & Exemptions

• Ships currently registered elsewhere cannot be registered in South Africa.
• Wooden ships of primitive build cannot be registered.
• Ships under 3 meters in length cannot be registered.
• SA coasting ships are exempt from registration unless mortgaged, being within 200M limit.
• Non-commercial vessels less than 100GT is exempted(200M), if they are exclusively used for sports and or recreation.

Definition of "Ship"

• Any type of vessel capable of navigation by water is considered a ship.
• This includes barges, lighters, floating vessels, structures able to float, and dynamically supported craft.

Definition of "South African-Owned Ship"

• A fishing vessel can be considered South African-owned if it is owned and/or controlled as a local fishing vessel.
• Any ship, excluding fishing vessels, wholly owned by one or more SA nationals can be considered South African-owned.
• Ships owned by three or more persons can be considered South African-owned if the majority are SA nationals and joint owners.
• Ships owned by two or more persons can be considered South African-owned if SA nationals own the majority of shares as owners in common.

Definition of "Small Vessel & Bare Boat Charter"

• A vessel is considered as small if it is of less than 25 GT and more than 3 metres in length.
• A bareboat charter is where the charterer has possession and control of the ship for a fixed period, including the right to appoint the master and crew.

Definition of Ship on Bareboat Charter

• The ship is registered according to the laws of another state.
• The ship should be on bareboat charter to one or more SA nationals.
• The minimum period of charter should be no less than 2 years.
• Should not be on bareboat charter to anyone else at the same time.
• Not a fishing vessel.
• Not a non-fishing vessel of less than 500 GT.
• Not a non-fishing vessel propelled by some means other than mechanical.

Definition of "South African Ship"

• A ship is considered South African if it has SA nationality and is registered, deemed to be registered, regarded as registered, or unregistered but entitled to registration in SA.

Validity Period of Registration

• Registration of a ship in SA is valid for 5 years.
• Provisional registration is valid until the ship arrives at a port in South Africa, or for 6 months.
• Bareboat registration is valid for 5 years, or until the end of the charter period.

Renewal & Administration of Registration

• SAMSA must serve a renewal notice 3 months before expiry of certificate.
• A written application for renewal needs be submitted for the last 3 months of the current registration period.
• A record of all registered ships is kept in the South African Ships Register (SASR) at the South African Ship Registry Office (SASRO).
• Designated home ports have been identified for ship registration.

Important Documents

• The South African Ships Register is kept by SAMSA.
• The original South African Registration Certificate must be kept by the ship's master.
• Provisional South African Registration Certificates must be kept by the ship's master.
• South African Temporary Passes must be kept by the ship's master.

Nationality & Port Clearance

• A ship's nationality must be declared to Customs to obtain a clearance certificate before leaving port.
• Failure to declare ship nationality may result in ship detention.

Statutory Control of SA Ships

• Registration according to the Ship Registration Act (SRA) applies to foreign-going (FG) and mortgaged ships.
• Licensing according to the Merchant Shipping Act (MSA) applies to unregistered commercial ships and unregistered recreational vessels of 100 GT or more.
• Regulation according to the MSA applies to unregistered or unlicensed recreational vessels of less than 100 GT used exclusively for sport & recreation.

The South African National Flag

• SA ships are legally entitled to fly the SA flag.
• The SA national flag must be hoisted on a SA ship upon receipt of any signal made by a ship in the naval service of the SANDF.
• The SA national flag must be hoisted when entering or leaving any foreign port or any SA port when the ship is 50 GT or more.

SRA & Marking SA Ships

• A ship's name should be marked on each side of the bow, as well as on the stern.
• Ship's home port must be marked at the stern.
• Official number, GT, and NT must be marked on the main beam of the ship.
• Draft marks must be placed on each side of the ship at the bow, amidships, and on the sternpost.
• All markings must adhere to the Carving & Marking Note.
• Markings must not be concealed, removed, altered, defaced, or obliterated, unless in cases of force majeure.

Functions of a SA Registration Certificate

• SA Registration Certificate provides prima facie evidence of registration, measurement, tonnage, ownership, and bareboat charterer.
• SA Registration Certificate enables commercial operations of the ship.
• SA Registration Certificate facilitates financial transactions like buying, selling, and mortgage.
• Subject the ship's owners, bareboat charterer, master & crew to the controls, benefits, privileges, advantages & protection of the RSA & MSA.
• Enables strategic advantage to SA during times of war.
• Confers status by having the ship on the SA Ship Register.
• Enable protection of the armed forces of SA when necessary.

Cessation of the Registration of a SA Ship

• The registration will stop in the actual/constructive loss of the ship.
• Taken by an enemy.
• Loss of the ship to fire.
• The registration will stop if the ship is broken up for scrap.
• The deregistration happens if a ship is no longer entitled to be registered in SA.

Lost or mislaid Certificates

• Record the loss in the Official Log Book (OLB).
• Report to the registered agent, owners, or bareboat charterer.
• Declare the loss to the proper officer in writing.
• Obtain a new certificate.
• Record the receipt of the new certificate in the OLB.

Marking of the IMO Number on Ships

• All foreign-going passenger ships of 100GT or more are required to display an IMO number.
• All foreign-going self-propelled cargo ships of 300 GT or more are required to display an IMO number.
• The IMO number is independent of ownership, flag, or ship's name.
• Outer side markings must be 200mm high.
• Inner side markings must be 100mm high.
• The label must be in contrasting colors to its background

Ships not required to show an IMO number

• Vessels used solely for sport or recreation.
• Fishing, sealing, or whaling boats
• Ships not propelled by mechanical means.
• Wooden ships of primitive build.
• Ships engaged on special service.
• Hopper barges.
• Hydrofoils and air-cushion vessels.
• Floating docks and similar structures.
• Ships of war and troopships.