South Africa Case Law

Minerva Bunkering Marine Services (Pty) Ltd v Acting Chief Executive Officer of the South African Maritime Safety Authority and Others (3683/2022)

Minerva Bunkering Marine Services (Pty) Ltd v Acting Chief Executive Officer of the South African Maritime Safety Authority and Others (3683/2022) [2025] ZAECQBHC 9 (2 May 2025)

Court

Eastern Cape High Court, Gqeberha

Case number

3683/2022

Judge

O H Ronaasen

The court set aside SAMSA’s withdrawal of Minerva’s ship-to-ship bunkering approval, held the approval covered all three transfer legs, and reinstated it.

• Promotion Of Administrative Justice Act
• Marine Pollution Control
• Ship To Ship Bunkering
• Statutory Interpretation
• Functus Officio
• Administrative Consistency

Ti Ya Toivo Ltd and Others v MV Grey Fox and Others (AC20/2024)

Ti Ya Toivo Ltd and Others v MV Grey Fox and Others (AC20/2024) [2025] ZAWCHC 144; 2025 (4) SA 607 (WCC) (27 March 2025)

Court

Western Cape High Court, Cape Town

Case number

AC 20/2024

Judge

Mantame

The High Court held that section 3(1) of COGSA gave it jurisdiction over a cargo claim, despite an exclusive Hamburg clause, and allowed the claim to proceed.

• Carriage Of Goods By Sea Act
• Exclusive Jurisdiction Clause
• Admiralty Jurisdiction Regulation Act
• Joinder Of Parties
• Bill Of Lading Interpretation
• Admiralty-jurisdiction

Arrow Creek Investments 75 (Pty) Ltd v V&A Waterfront Holdings (Pty) Ltd (AC9/2023)

Arrow Creek Investments 75 (Pty) Ltd v V&A Waterfront Holdings (Pty) Ltd (AC9/2023) [2025] ZAWCHC 134 (20 March 2025)

Court

Western Cape High Court, Cape Town

Case number

AC9/2023

Judge

Wille

The High Court dismissed urgent admiralty interim relief seeking return of a vessel, appointment of an ad hoc sheriff, security, and environmental indemnity.

• Interim Interdict
• Appointment Of Sheriff
• Berthing Rights
• Release Of Arrested Vessel
• Environmental Indemnity
• Admiralty-law

Chard v Old Mutual Insurance Limited (A66/2017)

Chard v Old Mutual Insurance Limited (A66/2017) [2025] ZAKZDHC 5 (17 January 2025)

Court

Kwazulu-Natal High Court, Durban

Case number

A66/2017

Judge

Mathenjwa

The court found that the defendant's proposed amendment lacked sufficient particularity as required by Uniform Rule 18(4), failing to specify the material facts regarding the alleged refusal by the plaintiff to fund oil replacement. The amendment contradicted the defendant's existing pleadings and did not raise a triable issue. Granting the amendment would prejudice the plaintiff, who would be embarrassed and unable to respond adequately. The application was not mala fide, but the absence of necessary averments and the contradiction with prior pleadings rendered the amendment excipiable and i…

Source excerpt

• Amendment Of Pleadings
• Warranties In Insurance
• Prejudice In Pleadings
• Rule 18 Particularity

Glencore International AG v Atakas Ticaret Ve Nakliyat As and Others (A42/2014)

Glencore International AG v Atakas Ticaret Ve Nakliyat As and Others (A42/2014) [2025] ZAKZDHC 4 (13 January 2025)

Court

Kwazulu-Natal High Court, Durban

Case number

A42/2014

Judge

Sibiya AJ

The High Court ordered Atakas to provide R1.2 million security for Glencore’s costs, stayed the action until compliance, and rejected any alleged agreement on the guarantee form.

• Security For Costs
• Peregrinus
• Admiralty Jurisdiction Regulation Act
• Stay Of Proceedings
• Security-for-costs
• Admiralty-jurisdiction

Man Energy Solutions Middle East LCC v MV "GCL Yamuna" and Another (A62/2023)

Man Energy Solutions Middle East LCC v MV "GCL Yamuna" and Another (A62/2023) [2024] ZAKZDHC 99 (5 December 2024)

Court

Kwazulu-Natal High Court, Durban

Case number

A62/2023

Judge

Gwagwa

The High Court allowed an admiralty amendment correcting the applicant’s name by adding “FZE”, finding it was a bona fide misnomer and caused no proven prejudice.

• Amendment Of Pleadings
• Misnomer
• Good Faith Amendment
• Prejudice
• Enforceability Of Judgment
• Amendment-of-pleadings

Minmetals Logistics Zhejiang Co Ltd v The Owners and Underwriters of the MV Smart and Another (573/2023)

Minmetals Logistics Zhejiang Co Ltd v The Owners and Underwriters of the MV Smart and Another (573/2023) [2024] ZASCA 129; [2025] 1 All SA 60 (SCA); 2025 (1) SA 392 (SCA) (1 October 2024)

Court

Supreme Court of Appeal

Case number

573/2023

Judges

Ponnan, Dambuza, Mocumie, Nicholls, Koen

The Supreme Court of Appeal held that a peregrinus could be joined under s 5(1) of the Admiralty Jurisdiction Regulation Act, but the joinder order was not appealable.

• Joinder Of Peregrinus
• Admiralty Jurisdiction Regulation Act
• Confidentiality Of Arbitration Documents
• Application To Compel Discovery
• Admiralty-jurisdiction
• Joinder

Viking Fishing A Division of Sea Harvest Corporation (Pty) Ltd and Others (AC16/2024), Ex parte

Viking Fishing A Division of Sea Harvest Corporation (Pty) Ltd and Others (AC16/2024), Ex parte [2024] ZAWCHC 283 (30 September 2024)

Court

Western Cape High Court, Cape Town

Case number

AC16/2024

Judge

Lekhuleni

Ex parte admiralty application granting a presumption of death for 11 missing Lepanto crew members after the vessel sank off Hout Bay.

• Presumption Of Death
• Admiralty Jurisdiction Regulation Act
• Maritime Claim
• Missing Persons
• Death Certificates
• Presumption-of-death

MV New Endeavor and Others v Indian Oil Corporation Limited (283/2023)

MV New Endeavor and Others v Indian Oil Corporation Limited (283/2023) [2024] ZASCA 67; 2024 (6) SA 64 (SCA) (3 May 2024)

Court

Supreme Court of Appeal

Case number

283/2023

Judges

Molemela, Mbatha, Meyer, Weiner, Seegobin

The Supreme Court of Appeal upheld the arrest of MV New Endeavor as an associated ship, finding Indian Oil proved common control on a balance of probabilities.

• Associated Ship Arrest
• Admiralty Jurisdiction Regulation Act
• Onus Of Proof
• Control Of Ship Owning Companies
• Security Arrest
• Family Control In Shipping

MV Tai Harmony: Sure Success Steamship SA v MV Tai Harmony and Others (AC2764/2023)

MV Tai Harmony: Sure Success Steamship SA v MV Tai Harmony and Others (AC2764/2023) [2024] ZAECQBHC 33; 2024 (4) SA 640 (ECGq) (23 April 2024)

Court

Eastern Cape High Court, Gqeberha

Case number

AC2764/2023

Judge

T Rossi

The court found that the applicant had established a prima facie claim for increased security in respect of its unpaid bunker claim, arising from PBL-Belize's breach of the Charter Party by failing to pay for bunkers and allowing a lien to be created over the vessel. The urgency of the application was justified by the imminent hearing of the main application, and the procedural requirements for urgency and fair hearing were met. The court held that it retained admiralty jurisdiction, as the respondents had submitted to the court's jurisdiction by furnishing security and participating in the p…

Source excerpt

• Security Arrest
• Associated Ship Liability
• Charter Party Breach
• Urgent Application Procedure
• Maritime Lien
• Foreign Arbitration Security