Legal framework
Governing: Merchant Shipping Act 57 of 1951; Merchant Shipping (Training, Certification and Safe Manning) Regulations, 2021. Builds on: nothing. Start here.
Every SAMSA ticket you hold, from a steering certificate to Master, hangs off two documents: an Act of 1951 and a set of regulations from 2021. Know which is which and you will read Marine Notices far more quickly.
The parent Act
The Merchant Shipping Act 57 of 1951, as amended, is still the principal statute. Ministers make regulations under section 356, and the 2021 certification regulations say so in their preamble. When SAMSA gazetted four sets of draft regulations on 24 December 2025, every one was titled under "Merchant Shipping Act (57/1951)" (MIN 01-26). That is about as clear a sign as you will get that the old Act was still in charge going into 2026.
The Bill that keeps not arriving
A replacement Merchant Shipping Bill has been on the way for years:
| Date | Event |
|---|---|
| 11 May 2023 | Bill B12-2023 introduced in the National Assembly |
| 28 Nov 2023 | Transport committee defers it to the next Parliament |
| 21 May 2024 | Bill lapses under NA rule 333(2) |
| 13 Sep to 25 Oct 2024 | Revived; public comment reopened |
Legal commentary says the Bill would repeal Act 57 of 1951, the Marine Traffic Act 1981 and the Ship Registration Act 1998, and its Chapter 4 deals with seafarer employment, training and certification. We found no record of it being passed or assented to when this lesson was written (September 2026).
CAUTION — Wrong country India's Merchant Shipping Act, 2025 is a different law entirely. If a crewing agent quotes "the new Merchant Shipping Act", ask which country.
The certification regulations
The Merchant Shipping (Training, Certification and Safe Manning) Regulations, 2021 were published in Government Gazette 44469, Notice 219 of 2021, on 23 April 2021, and came into operation on publication. They:
- repealed the 2013 Safe Manning, Training and Certification Regulations (GN R.511 of 23 July 2013);
- repealed the 2004 Eyesight and Medical Examinations Regulations and brought medicals into Part 5;
- allowed SAMSA, until 1 July 2022, to keep issuing and revalidating under the old rules for people already in the pipeline.
Draft amendment regulations were published for comment in November 2023 (GG 49618, R 4041; SAMSA MIN 12-23). We could not confirm that they were ever promulgated, so treat the 2021 text as the base and check for amendments before relying on a figure.
Where the detail lives
| Instrument | What it does |
|---|---|
| The Act | Powers, offences, duty to carry certificated officers |
| 2021 Regulations | Certificate classes, sea service, levels of assessment, medicals, manning |
| Training Standards Code | Syllabus and competence standards, published on SAMSA's website (formerly "the SAMSA Code") |
| Marine Notices (MN) | Longer-lived policy, e.g. MN 20 of 2016 on assessing sea service |
| Marine Information Notices (MIN) | Lists and short-term information, each with an expiry date |
TIP — Read the expiry box Every MIN carries an issue and expiry date in its header. A list of recognised countries or approved doctors that has expired may have been replaced by a newer MIN.
Why a yacht officer should care
Most South African yacht crew never serve on an SA-flagged ship, yet the SAMSA certificate is often the first STCW credential they held and the one other flags recognise. Understanding the framework tells you what that certificate is worth abroad, which the last module covers.