Section 248

The Minister may appoint a court of investigation for the purpose of holding a formal investigation in any case —

A court of investigation shall consist of a Judge or a District Judge, with the assistance of not less than two nor more than 4 assessors.

*Where an investigation involves or appears likely to involve any question as to the cancelling or suspension of any certificate, the court shall hold the investigation with the assistance of not less than two assessors having experience in the merchant service.* The former subsection (3) was deleted by Act 38/84 and this and the other subsections following are here renumbered.

The court after hearing the case shall make a report to the Minister containing a full statement of the case and of the opinion of the court thereon, accompanied by such report of or extracts from the evidence and such observations as the court thinks fit.

Each assessor shall either sign the report or state in writing on the report his dissent therefrom and the reasons for that dissent.

The court may make such order as the court thinks fit respecting the costs of the investigation or any part thereof, and such order shall be enforced by the court in the manner provided for levying a fine by a Magistrate’s Court.

The Minister may, if in any case he thinks fit to do so order the costs of any such investigation to be paid out of the Consolidated Fund.

For the purposes of this section the court holding a formal investigation shall have all the powers of a Magistrate’s Court and shall also have all the powers of an inspector under this Act.

Every formal investigation into a shipping casualty shall be conducted in such manner that if a charge is made against any person that person shall have an opportunity of making a defence.

Formal investigations into shipping casualties under this section shall be held in some suitable place to be appointed by the Minister.[270