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

2. 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”

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

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

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

6. 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

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Charges withdrawn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

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

9. 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!

10. 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

11. 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”

12. 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)

13. 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”

14. 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

15. 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”