The plight of mariners serving on ships: a review of recent cases in South Africa Alan Goldberg Rose Street Chambers 11 July 2013

MV “Hector” Oil tanker, built 1980 Cambodian flag Engine breakdown, May 2010 Unseaworthy and towed into Table Bay Harbour Directives issued by SAMSA MV “Hector”

MV “Hector” Owner abandons ship and crew Unpaid wages Unsafe living / working condition on board Repatriation of crew

MV “Hector” Sold to defray SAMSA’s costs in terms of court order Price realised R 1, 2m

MFV “Balena” Taiwanese long line fishing vessel Owner: Long Bow Fishing Co Crew of Chinese, Taiwanese and Vietnamese nationals MFV “Balena”

MFV “Balena” 10 Vietnamese crewmen take control of vessel in high seas Hijacking / abduction / piracy charges. 10 Vietnamese crew arrested and held in Pollsmoor Prison

MFV “Balena” Criminal prosecution in Cape Town District Court Representations to National Prosecuting Authority Charges withdrawn Crewmen repatriated to Vietnam

MV “Panos Earth” Panamanian flagged bulker, built 1984 Cargo 75 000 mt iron ore Voyage ex Venezuela via Cape to Chinese discharge ports Towed into False Bay to effect repairs SAMSA directives

MV “Panos Earth” Distressed crew Dire living conditions on board Owner’s failure to “repair” / maintain the vessel Vessel effectively abandoned by owner Vessel arrested by creditors Preservation costs mount!

MV “Panos Earth” early repatriation of non-essential crew Court order for sale of vessel Price realised USD 3.2m Shortfall in admiralty fund Only certain preferred creditors obtain payment or part-payment of claims

MV “Panos Earth” Repatriation of balance of crew after delivery of vessel to new owner Former crew at CT International Airport en route home to Chile, Panama & Ecuador Crew paid only portions of their wages for the period they worked “whilst the vessel was under arrest in False Bay”

MV “E Whale” Liberian flagged oil / ore bulk carrier, built 2010 Arrested Table Bay May 2012 Still under arrest after 14 months! “distressed” crew (current and former)

MV “E Whale” Vessel runs out of bunkers, provisions and fresh water Non-payment of wages to current and former crew Arrested by crew, Taiwanese mortgagee and other creditors Preservation costs (yet again!) MV “E Whale”

MV “E Whale” Consultations on board with Bangladeshi, Indian and Pakistani crewmen Application for sale of vessel filed in court “Imprisonment“and mental anguish of crew on vessel

MV “E Whale” Access to vessel at anchorage via “basket” Sale application to be heard on 15 August 2013 Effect of USA Chapter 11 insolvency protection order MV “E Whale”