Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Abolition of Forced Labour Convention, 1957 (No. 105) - South Africa (Ratification: 1997)

Article 1(c) of the Convention. Disciplinary measures applicable to seafarers. In its previous comments, the Committee noted with deep concern that certain provisions of the Merchant Shipping Act of 1951, which for many years the Committee has noted are incompatible with Article 1(c) of the Convention, were reproduced in the same terms under the Merchant Shipping Bill of 2020. It noted that sections 321, 322 and 180(2)(b) of the Merchant Shipping Act of 1951, on the forcible conveyance of seafarers on board ship to perform their duties, were repeated under sections 397, 398 and 142(3) of the Merchant Shipping Bill, 2020. Similarly, the following sections remained unchanged: section 372 of the Bill which provides for penalties of imprisonment (during which prison labour may be imposed, according to section 37(1)(b) of the Correctional Services Act, 1998) for breaches of discipline by seafarers, including wilfully disobeying any lawful command or neglecting duty (section 134(2)(b) and (c)); combining with any of the crew to disobey lawful commands, neglect duty, impede the navigation of the ship or retard the progress of the voyage (section 134(2)(d)); preventing, hindering or retarding the loading, unloading or departure of the ship (section 134(2)(f)); desertion (section 138(1) and (2)); and absence without leave (section 139(1) and (2)). The Committee firmly hoped that the Government will take into account the Committee’s comments to review the Merchant Shipping Bill, 2020, with a view to bringing it into conformity with the Convention.

The Committee notes the Government’s information in its report that the above-mentioned provisions that are not in compliance with the provisions of the Convention, have been addressed in the Merchant Shipping Bill of 2023, which has been approved by the Cabinet and is currently undergoing final editing by the Parliament. The Government indicates that, according to the new Bill, breaches of discipline will no longer be punishable with penalties of imprisonment involving compulsory labour, where the ship or the life or health of persons are not endangered and all the sections which promoted forcible return of seafarers on board ship to perform their duties have been restricted to situations where the ship or life or health of persons are endangered. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the Merchant Shipping Bill of 2023 which amends section 134(2)(b), (c), (d) and (f), section 138(1) and (2) and section 139(1) and (2) on labour discipline, as well as sections 397, 398 and 142(3) on forcible conveyance of seafarers on board ship to perform their duties, by restricting the penalties for its breaches to imprisonment only to situations where the ship or life or health of persons are endangered, will be adopted without delay. The Committee requests the Government to provide information on any progress made in this regard and to provide a copy once it has been adopted.

The Committee is raising other matters in a request addressed directly to the Government.