MV "MSC Susanna" and Another v National Ports Authority of South Africa, a division of Transnet (SOC) Ltd and Another (A4/19) [2020] ZAKZPHC 51 (10 September 2020)

MV "MSC Susanna" and Another v National Ports Authority of South Africa, a division of Transnet (SOC) Ltd and Another (A4/19) [2020] ZAKZPHC 51 (10 September 2020)

The court found that the applicants failed to establish a prima facie cause of action for declaratory relief against the second respondent. Section 3(6) of the Merchant Shipping Act expressly excludes ships belonging to the defence forces from the application of the Act, including the limitation regime in s 261. The purpose of the limitation provisions is to promote merchant shipping, not to extend protection to naval vessels, which are excluded by legislative intent. The court held that interpreting 'property' in s 261 to include naval ships would undermine the clear exclusion in s 3(6) and the purpose of the Act. Accordingly, the second respondent has no interest in the litigation...

Citation
[2020] ZAKZPHC 51
Parties
Applicant: Owners and Underwriters of the MV "MSC Susanna"; Applicant: Demise Charterer of the MV "MSC Susanna"; Respondent: National Ports Authority of South Africa, a division of Transnet (SOC) Ltd; Respondent: Ministere Des Armees; Respondent: Saudi Basic Industries Corporation (SABIC)
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
10 September 2020
Case Number
A4/19
Procedural Posture
Admiralty and Maritime Application / Application for Joinder of Parties to Pending Admiralty Action
Outcome
Application to join the second respondent dismissed with costs.
Judges
Mngadi
Legal Topics
Joinder of Parties, Limitation of Liability, Merchant Shipping Act, Admiralty Jurisdiction, Interpretation of Statutes
Admiralty and Maritime Joinder of Parties Limitation of Liability Merchant Shipping Act Admiralty Jurisdiction Interpretation of Statutes

Case Brief

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Parties

Owners and Underwriters of the MV "MSC Susanna"

Applicant

Demise Charterer of the MV "MSC Susanna"

Applicant

National Ports Authority of South Africa, a division of Transnet (SOC) Ltd

Respondent

Ministere Des Armees

Respondent

Saudi Basic Industries Corporation (SABIC)

Respondent

Procedural Posture

Admiralty and Maritime Application / Application for Joinder of Parties to Pending Admiralty Action

Legal Issues

  1. 1 Whether the second respondent, a foreign naval authority, should be joined as a party to proceedings concerning limitation of liability under the Merchant Shipping Act.
  2. 2 Whether the limitation of liability regime under s 261 of the Merchant Shipping Act applies to claims by or against naval vessels excluded by s 3(6) of the Act.
  3. 3 Whether the applicants have established a prima facie cause of action for declaratory relief against the second respondent.

Ratio Decidendi

The court found that the applicants failed to establish a prima facie cause of action for declaratory relief against the second respondent. Section 3(6) of the Merchant Shipping Act expressly excludes ships belonging to the defence forces from the application of the Act, including the limitation regime in s 261. The purpose of the limitation provisions is to promote merchant shipping, not to extend protection to naval vessels, which are excluded by legislative intent. The court held that interpreting 'property' in s 261 to include naval ships would undermine the clear exclusion in s 3(6) and the purpose of the Act. Accordingly, the second respondent has no interest in the litigation...

Court Disposition

Application to join the second respondent dismissed with costs.

Orders

  • The application to join the second respondent is dismissed with costs.
  • Costs to include costs of two counsel where so employed.