Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Work in Fishing Convention, 2007 (No. 188) - South Africa (Ratification: 2013)

General questions on application. Implementing measures. Referring to its previous comment, the Committee notes the Government’s indication, in its second report on the application of the Convention, that the draft Merchant Shipping Bill 2020, aiming at replacing the existing Merchant Shipping Act, 1951, as amended until 2015 (hereafter “MSA”) has not been adopted. The Government adds that a subsequent draft Merchant Shipping Bill B12-2023, was withdrawn in October 2025 to enable consultation with the National Economic Development & Labour Council (NEDLAC) and that several regulations have been submitted to the Department of Transport and are still awaiting promulgation. The Committee accordingly requests the Government to adopt the necessary measures without delay to give full effect to the Convention taking into account its comments below, and to provide information on the consultations carried out, in particular, with the representative organizations of fishing vessel owners and fishers, as required by the Convention.

Articles 2 and 3 of the Convention. Scope of application. Exclusions. In the absence of concrete reply to its previous comment on how the Government ensures that all measures adopted to implement the Convention apply to all fishers, including masters (skippers) and cadets, the Committee reiterates its previous request. Recalling that, according to section 3(10) of the MSA, unless otherwise indicated, only certain provisions would apply to employers, masters and persons employed on board vessels, and that such provisions do not include sections 90 to 189 of the MSA on engagement, discharge, repatriation, payment, discipline and general treatment of seafarers, the Committee also reiterates its previous request that the Government clarifies how it ensures that the MSA applies to all fishers and fishing vessels engaged in commercial fishing operations covered by the Convention. The Committee further reiterates its previous request that the Government provides information on any exemption, modification or restriction decided under the MSA that could affect the full implementation of the Convention.

Article 5 and Annex III. Basis for measurement. In reply to the Committee’s previous comment, the Government indicates that in practice Length (L) is used for the application of the Convention, and that the historical use of gross tonnage requires amendments to the MSA, as well as to numerous Regulations relating to accommodation. While noting this information, the Committee requests the Government to adopt the necessary measures to ensure full conformity of its legislation with Article 5 and Annex III of the Convention.

Article 9(3)–(6). Minimum age. Hazardous work. Night work. The Committee notes the Government’s reply to its previous comment that Section 110 of the MSA prohibits the employment of any person under the age of 16 years in any capacity on board the ship, and that the Basic Conditions of Employment Act, 1997, through the Regulations on Hazardous Work by Children in South Africa, 2010, regulates and determines what is hazardous work for children. The Committee requests the Government to specify whether persons aged between 16 and 18 years can be authorized to perform hazardous work on board fishing vessels. If so, it requests the Government to provide information on: (i) the national laws or regulations or decisions of the competent authority which provide for it and the consultations held in this regard; and (ii) the manner in which their health, safety and morals are fully protected and it is ensured that they have received adequate specific instruction or vocational training and have completed basic pre-sea safety training. The Committee also requests the Government to indicate how effect is given to the detailed requirements established by Article 9(6)(b) (exceptions to the night work restriction).

Articles 10–12. Medical examination. The Committee notes the Government’s indication in reply to its previous comment, that, pursuant to Article 4(1) (a) and (b), the medical examination of fishers on vessels under 25 gross ton will be regulated by the Merchant Shipping (Small Vessels Medical) Regulations, which have been submitted to the Department of Transport for promulgation. The Committee requests the Government to provide details about the plan for the progressive implementation of Article 10 and the consultations which have taken place in this connection. The Committee also notes that the Merchant Shipping (Training, Certification and Safe Manning) Regulations, 2021, provided by the Government, repealed the Merchant Shipping (Eyesight and Medical Examinations) Regulations, 2004, to which it had referred to in its previous report. According to Section 85 of the 2021 Regulations, every person who is required to be medically fit by the Merchant Shipping Act shall hold a medical certificate issued by a medical practitioner approved in accordance with these Regulations. The Committee requests the Government to confirm that all fishers, as defined by the Convention, are not allowed to work on board a fishing vessel without a valid medical certificate attesting to fitness to perform their duties and to indicate whether any exemptions may be granted and on which grounds.Moreover, noting that the new provisions indicated by the Government do not reflect the detailed requirements of Articles 11 and 12 on medical examination (for example, the form and content of medical certificates (Article 11(b)) or the reference in the medical certificate to the conditions foreseen in Article 12(1)), the Committee requests the Government to indicate the measures taken or envisaged to ensure full conformity with these Articles of the Convention. Additionally, the Committee requests the Government to provide a copy of all legislation, regulations, or any other measures adopted or envisaged to give effect to Articles 10 to 12, including theQuality Standards System and Medical Fitness and Eyesight Standards referred to in the Merchant Shipping (Training, Certification and Safe Manning) Regulations, 2021.

Articles 13(b) and 14(1)(b). Hours of rest. Vessels remaining at sea for more than three days. The Committee notes the Government’s indication in reply to its previous comment that, while the Merchant Shipping (Training, Certification And Safe Manning) Regulations, 2021, omit to be specific about hours of rest for the fishers on board other than those with specific watchkeeping duties, Regulation 95(14) provides that every master [read Skipper] and seafarer shall ensure that they are properly rested. The Government also provides a copy of a collective agreement for the fishing sector stating that the employer may not require or permit an employee to work in excess of a maximum of 14 hours per day and that the employer shall provide an employee with hours of rest per day as prescribed in the applicable Occupational Health and Safety legislation and the South African Maritime Safety Authority (SAMSA) regulations. The Committee further notes that the Government did not provide a copy of any legislation, guidelines or SAMSA regulations detailing how all fishers are given regular periods of rest of sufficient length to ensure safety and health (Article 13(b)) and that for fishing vessels regardless of size remaining at sea for more than three days, after consultation and for the purpose of limiting fatigue, minimum hours of rest shall not be less than (i) ten hours in any 24-hour period and (ii) 77 hours in any seven-day period (Article 14(1)(b)). The Committee therefore requests the Government to adopt the necessary measures to give effect to these provisions of the Convention.

Article 15. Crew list. The Committee notes that Regulation 12(1)(c) of the Merchant Shipping (National Small Vessels Safety) Regulations, 2007, provides that before a vessel goes to sea, the owner and skipper must ensure there is left behind particulars in respect of the names of the occupants. It also notes that, according to the MSA, the master of every ship that is registered or licensed in South Africa shall enter into an agreement with every seaman whom the master engages to serve in that ship; agreements with crew shall contain, inter alia, the number and description of the crew (section 102(1)(c)); the Master or the owner must, before the ship leaves the port where the agreement was entered into, report changes in the crew to the proper officer at that port. The Committee notes, however, that the MSA does not provide that a copy of the crew list shall be provided to authorized persons ashore prior to or immediately after departure of the vessel. It further notes that section 188 of the MSA requires that the master of a foreign going South African ship who has entered into an agreement with the crew of the ship, and the master or the owner of a coasting ship or a fishing, sealing or shore-based whaling boat registered in the Republic who has entered into an agreement with the crew of the ship, shall deliver the list of the crew to the proper officer upon discharge of the crew or after the ship’s arrival at her final port of destination for the voyage. TheCommittee accordingly requests the Government to clarify how it gives effect to Article 15 in respect of every fishing vessel.

Article 16(b) and Annex II. Fisher’s work agreement. Minimum particulars. In reply to the Committee’s previous comment, the Government indicates that an employee is required to sign a contract of employment and to sign the articles of agreement. The Government also indicates that sections 29 (written particulars of employment) and 37 (notice of termination of employment) of the Basic Conditions of Employment Act, 1997, apply to all contracts of employment by a South African employer, and section 102 of the MSA (Agreements with crew) is supplementary to the requirements set therein. The Committee notes that such provisions do not include the requirement that the fisher’s work agreement includes the following particulars: the fisher’s date of birth or age and birthplace; the place at which and date on which the agreement was concluded; the name of the fishing vessel or vessels and the registration number of the vessel or vessels on board which the fisher undertakes to work; if the agreement has been made for a voyage, the port of destination and the time which has to expire after arrival before the fisher shall be discharged; if the agreement has been made for an indefinite period, the conditions which shall entitle either party to rescind it, as well as the required period of notice for rescission, provided that such period shall not be less for the employer, or fishing vessel owner or other party to the agreement with the fisher; and the minimum periods of rest. The Committee requests the Government to adopt the necessary measures to ensure that fishers’ work agreements shall include the above particulars, as required by Article 16(b) and Annex II.

Article 18. Fisher’s work agreement. Copy provided to the fisher and availability on board. In reply to the Committee’s previous request, the Government refers to sections 102 and 109 of the MSA according to which agreements with the crew are signed by the master and the seafarer, framed and displayed in some conspicuous place on board the ship which is accessible to the crew, and shall cause it to be kept so framed and displayed during its currency. The Government also refers to section 29 of the Basic Conditions of Employment Act, 1997, which provides that employers must supply employees when they commence employment, as well as whenever changes occur to the contract, of a copy of the document with the written particulars of employment. The Government further reiterates that the Competent Authority has informed the fishing industry by Marine Notice that fishers must have their copy of the agreement and those copies of all agreements be on board for inspection. The Committee notes, however, that the Government once again does not provide a copy of such Marine Notice. Noting that the Government indicated that a fisher is required to sign a contract of employment and to sign the articles of agreement, the Committee requests the Government to specify how it ensures that a copy of the fisher’s work agreement, and not only of the agreement with the crew, shall be carried on board and be available to the fisher and to other concerned parties on request.

Article 20. Fisher’s work agreement. Signature of the owner.Noting the absence of reply to its previous comment on this issue, the Committee once again requests the Government to indicate how it ensures that any signatory of the agreement other than the fishing vessel owner produces evidence that they are authorized to represent the owner or, where fishers are not employed or engaged by the fishing vessel owner, that the fishing vessel owner is required to have evidence of contractual or similar arrangements.

Article 21(1) and (2). Repatriation.Circumstances. In reply to the Committee’s previous comment, the Government indicates that in practice, the administration does not allow any crew member of a South African fishing vessel to be excluded from repatriation, but that there is a need for legislation to reflect the practice. The Committee once again requests the Government to adopt the necessary measures to ensure that all fishers on a fishing vessel that flies the South Africa’s flag, regardless of their nationality, are entitled to repatriation in the circumstances provided under Article 21(1) and (2).

Article 21(3). Repatriation.Destinations. Maximum duration of service periods on board. In reply to its previous comment concerning the maximum duration of service periods on board following which a fisher is entitled to repatriation, the Committee notes the Government’s indication that the right to repatriation applies from the day they leave home and from anywhere where the agreement ends or is terminated. Recalling that Members shall prescribe, by means of laws, regulations or other measures, the maximum duration of service periods on board following which a fisher is entitled to repatriation, and the destinations to which fishers may be repatriated (Article 21(3)), the Committee requests the Government to adopt the necessary measures to give full effect to this provision of the Convention.

Article 22. Recruitment and placement. In reply to the Committee’s previous comment, the Government indicates that there are no known recruitment and placement agencies operating in the South African fishing sector and that no mechanism exists in South Africa to implement this provision, notably since the amendments referred to in the Government’s previous report to include fishers in the Merchant Shipping (Seafarer Recruitment and Placement) Regulations 2017, have not been promulgated. The Committee requests the Government to indicate how fishers are recruited for working on fishing vessels flying the South African flag and on fishing vessels flying the flags of other countries.

Article 23. Payment of fishers. Monthly payment or other regular payment. The Committee notes that sections 120, 121 and 123 of the MSA, which regulate the payment of wages, do not give effect to the requirements of Article 23 of the Convention. The Committee requests the Government to adopt the necessary measures, after consultation, to ensure that fishers who are paid a wage are provided a monthly or other regular payment.

Articles 25, 26 and 28; Annex III. Accommodation. Noting the Government’s indication that the amendments to the Regulations implementing these provisions of the Convention are still awaiting promulgation, the Committee reiterates its previous request.

Articles 25 and 27. Food and potable water. The Committee notes the Government’s indication in reply to its previous comment that the Merchant Shipping, (Provisions) Regulations, 1961, where amendments were drafted, are still awaiting promulgation. The Committee also notes that sections 123 and 124 of the draft Merchant Shipping Bill 12-2023 would give effect to Article 27 of the Convention, but the said draft has been withdrawn. Accordingly, the Committee requests the Government to adopt without delay the necessary measures to give effect to these provisions of the Convention.

Articles 29-30. Medical care. Noting that the provisions indicated by the Government do not give full effect to these provisions of the Convention, the Committee requests the Government to indicate how it ensures conformity with each of the requirements regarding medical care foreseen in Article 29(c) and (e), and in Article 30(c), (d), (e) and (f).

Article 31(c). Occupational safety and health and accident prevention. Responsibilities. Fishers under 18 years. Noting that the Government has not indicated provisions addressing the specific obligations of fishing vessel owners, fishers and others concerned taking due account of the safety and health of fishers under the age of 18, the Committee requests the Government to indicate the measures adopted to give full effect to Article 31(c) for all fishing vessels.

Articles 34-37. Social Security. In reply to the Committee’s previous comment, the Government refers to section 27 of the Constitution of the Republic of South Africa, which guarantees that everyone has the right to have access to social security, including if they are unable to support themselves and their dependants, appropriate social assistance; the State must take reasonable legislative and other measures, within its available resources, to achieve the progressive realization of each of these rights and that no one may be refused emergency medical treatment. While the Government also refers to the Unemployment Insurance Act No. 63 of 2001, the Pension Funds Act, 1956 and the Insurance Act 2017, the Committee notes that the Government does not explain, indicating the applicable relevant provisions, whether and how the relevant legislation on social security covers all fishers, including fishers working on foreign flagged vessels ordinarily resident in the country, in conformity with the Convention. The Committee therefore requests the Government to indicate (i) the contingencies for which coverage is currently available for fishers and their dependants, listing in each case the relevant applicable provisions; and (ii) the percentage of fishers covered, specifying the number of fishers currently registered with the existing social security schemes.It also requests the Government to specify how self-employed fishers benefit from social security coverage. The Committee further requests the Government to indicate: (i) what steps have been taken to progressively achieve comprehensive social security protection for all fishers who are ordinarily resident in the country, taking into account the principle of equality of treatment irrespective of nationality; (ii) how it ensures the maintenance of social security rights which have been acquired or are in the course of acquisition by fishers working on board South African-flagged fishing vessels, regardless of residence and (iii) any rules concerning social security of fishers that may have been determined through bilateral and multilateral agreements or through provisions adopted in the framework of regional economic integration organizations.

Articles 40-42. Compliance and enforcement. Flag State responsibilities. The Committee notes that the Government provides no new information on the implementation of these provisions of the Convention, nor a copy of the legislation, regulations or other measures adopted in this regard. While noting that the Government reiterates that all commercial fishing vessels are surveyed at least once a year, and that after any non-conformities have been attended to, the competent authority issues a Local General Safety Certificate valid for one year, the Committee also notes that Marine Notice 18-21 on vessel certificates in electronic format, contains an example of a Local general Safety Certificate for a ship of 25 gross register tons or over, which does not state that the vessel has been inspected in accordance with the provisions of the Convention concerning living and working conditions, as required by Article 41. The Committee requests the Government to adopt without delay the necessary measures to give full effect to Articles 40 and 41, and to communicate a copy of the fishing certificate issued in conformity with the Convention, together with the inspection reports on the basis of which the certificate has been issued. The Committee further reiterates its previous request to the Government to indicate if it has authorized any recognized organizations to carry out inspections and issue documents pursuant to article 42 of the Convention.

Article 43. Compliance and enforcement. Complaints. The Committee notes that the Government has not provided any new information in reply to its previous comment concerning the scope of application of section 162 of the MSA, which only applies to complaints in respect of provisions, water, accommodation or living conditions on board. The Committee once again requests the Government to provide information on how it gives effect to the detailed requirements of article 43, including information on any port State control measures taken in pursuance of this Article and on the functioning of these measures (e.g. number and nature of cases considered and nature of any action taken).

Article 44. Compliance and enforcement. Prohibition of more favourable treatment. The Committee notes that SAMSA and the Department of Employment and Labour’s Inspectorate and Enforcement Services Branch, two Authorities concerned with the implementation of the Convention, have concluded a Memorandum on working together to ensure that workers’ rights are protected and promoted, with the assistance of the International Labour Office, which resulted in joint inspections being carried out on fishing vessels operating out of Cape Town. The Committee requests the Government to provide detailed information on the enforcement measures adopted by the port State in the event of non-compliance with the provisions of the Convention, indicating the number and type of cases examined and the nature of any measure adopted. The Committee also requests the Government to provide information on inspections of fishing vessels flying the flag of any State that has not ratified the Convention (Article 44).