South Africa Case Law

National Council of Societies for the Prevention of Cruelty to Animals v Al Mawashi (Pty) Ltd (995/2020)

National Council of Societies for the Prevention of Cruelty to Animals v Al Mawashi (Pty) Ltd (995/2020) [2021] ZAECGHC 54 (30 March 2021)

Court

Eastern Cape High Court, Grahamstown

Case number

995/2020

Judge

J M Roberson

The court found that there is a reasonable prospect that another court may interpret the substance of the applicant's founding affidavit as establishing the requirements for an anti-dissipation interdict, regardless of the terminology used. The applicant's evidence of the respondent's conduct, including late disclosure of the ship's arrival and lack of direct response to enquiries, supports a reasonable fear that assets would be removed to avoid payment. The court held that the merits of the parties' cases are relevant to the costs order and that, should another court find error in the merits…

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• Anti Dissipation Interdict
• Security For Costs
• Admiralty Jurisdiction
• Costs Award
• Urgent Application

MV "MSC Susanna" and Another v National Ports Authority of South Africa, a division of Transnet (SOC) Ltd and Another (A4/19)

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)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

A4/19

Judge

Mngadi

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…

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• Joinder Of Parties
• Limitation Of Liability
• Merchant Shipping Act
• Admiralty Jurisdiction
• Interpretation Of Statutes

Van Niekerk v MV "Madiba 1" (AC13/2018)

Van Niekerk v MV "Madiba 1" (AC13/2018) [2019] ZAWCHC 97; 2019 (6) SA 551 (WCC) (6 August 2019)

Court

Western Cape High Court, Cape Town

Case number

AC13/2018

Judge

Le Grange

The court found that the plaintiff's loan agreement was directly linked to the design, construction, and equipment of the vessel, and the repayment was to be made from the vessel's earnings. This established a sufficient maritime connection under the Admiralty Jurisdiction Regulation Act. The absence of a registered mortgage did not preclude the claim from being a maritime claim. The exception raised by the defendant was therefore dismissed, as the claim fell within the definition of a maritime claim and was properly brought before the admiralty court.

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• Admiralty Jurisdiction
• Maritime Claim Definition
• Loan Agreement For Ship
• Exception To Pleadings
• Rem Proceedings

Atakas Ticaret VE Nakliyat AS v Glencore International AG (768/2018)

Atakas Ticaret VE Nakliyat AS v Glencore International AG (768/2018) [2019] ZASCA 77; 2019 (5) SA 379 (SCA) (30 May 2019)

Court

Supreme Court of Appeal

Case number

768/2018

Judges

Ponnan, Swain, Zondi, Schippers, Gorven

The Supreme Court of Appeal held that the International Arbitration Act did not remove admiralty joinder discretion and allowed Glencore to be joined.

• Joinder Of Parties
• Arbitration Agreement
• Stay Of Proceedings
• Admiralty Jurisdiction
• International Arbitration
• Admiralty-jurisdiction

M.K v Transnet Ltd t/a Portnet (A105/2004)

M.K v Transnet Ltd t/a Portnet (A105/2004) [2018] ZAKZDHC 39; [2018] 4 All SA 251 (KZD) (20 August 2018)

Court

Kwazulu-Natal High Court, Durban

Case number

A105/2004

Judge

Mbatha

The court found that the applicant's claim for loss of support arising from the death of her son, an officer on the MSC Viviana, constitutes a maritime claim under the Admiralty Jurisdiction Regulation Act. The court has jurisdiction to entertain the matter and may admit hearsay evidence in admiralty proceedings. The applicant demonstrated, through medical evidence, her inability to travel due to age, ill health, and lack of financial means. The absence of specific rules for video link evidence in civil proceedings does not preclude the court from exercising its inherent powers to regulate pr…

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• Admiralty Jurisdiction
• Video Link Evidence
• Loss Of Support
• Hearsay Evidence
• Court Inherent Powers

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

Atakas Ticaret Ve Nakliyat AS v Glencore International AG and Others (A42/2014) [2018] ZAKZDHC 32 (20 April 2018)

Court

Kwazulu-Natal High Court, Durban

Case number

A42/2014

Judge

Lopes

The court held that the International Arbitration Act, 2017, and Article 8 of the UNCITRAL Model Law are applicable to the dispute between Atakas and Glencore, as the sale agreement contains a valid international arbitration clause. Glencore had not submitted its 'first statement on the substance of the dispute' in a manner that would constitute a waiver of its right to arbitration. The answering affidavit delivered by Glencore in opposition to the joinder application did not amount to such a waiver, as it merely asserted the right to arbitration and did not engage with the merits of the disp…

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• Joinder Of Parties
• International Arbitration
• Stay Of Proceedings
• Admiralty Jurisdiction
• Contractual Arbitration Clause

Jacobs v Blue Water and Others (11755/2005)

Jacobs v Blue Water and Others (11755/2005) [2016] ZAWCHC 17 (1 March 2016)

Court

Western Cape High Court, Cape Town

Case number

11755/2005

Judge

A.G. Binns-Ward

The High Court held that a gangplank injury while disembarking from a ship was a maritime claim and had to proceed in admiralty jurisdiction.

• Admiralty Jurisdiction
• Maritime Claim Definition
• Personal Injury On Ship
• Statutory Interpretation
• Civil Jurisdiction
• Costs Order

LBH Mozambique Limitada v Fund Consisting of the Proceeds of the Sale of the Cargo of 4,904.78 Tons of Chromite Ore Concentrates Lately Laden on Board and Another (A16/2014)

LBH Mozambique Limitada v Fund Consisting of the Proceeds of the Sale of the Cargo of 4,904.78 Tons of Chromite Ore Concentrates Lately Laden on Board and Another (A16/2014) [2015] ZAKZDHC 32 (25 March 2015)

Court

Kwazulu-Natal High Court, Durban

Case number

A16/2014

Judge

Ploos van Amstel

The court held that the claim by China Construction Bank Corporation does not qualify as a maritime claim under the Admiralty Jurisdiction Regulation Act. The bank's claim, being for banking facilities granted to Metalmin for commodity trading, is not a maritime claim in its own right and cannot be elevated to such status merely by being lodged against the fund created by the sale of arrested property. Section 1(1)(x) of the Act does not extend admiralty jurisdiction to non-maritime claims against the fund; only claims that are maritime in substance may participate in the distribution. The st…

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• Distribution Of Fund
• Maritime Claim Definition
• Ranking Of Claims
• Admiralty Jurisdiction
• Referee Report Confirmation

Columbus Stainless (Pty) Ltd v Kuehne & Nagel (Pty) Ltd and Another (3580/2013)

Columbus Stainless (Pty) Ltd v Kuehne & Nagel (Pty) Ltd and Another (3580/2013) [2014] ZAKZDHC 19 (23 May 2014)

Court

Kwazulu-Natal High Court, Durban

Case number

3580/2013

Judge

Ploos van Amstel

The court held that maritime claims already before a High Court may continue there in admiralty jurisdiction under section 7(2) of the AJRA.

• Admiralty Jurisdiction
• Maritime Claims
• Transfer Of Actions
• Exception Procedure
• Costs Orders
• Admiralty-jurisdiction

Cameron-Dow v The MFV '''Julietter''', Laubscher and Another v The MFV '''Julietter''' and Others (AC 70/2010, AC 85/2010)

Cameron-Dow v The MFV '''Julietter''', Laubscher and Another v The MFV '''Julietter''' and Others (AC 70/2010, AC 85/2010) [2010] ZAWCHC 653 (18 November 2010)

Court

Western Cape High Court, Cape Town

Case number

AC 70/2010, AC 85/2010

Judge

Cleaver

The court ordered the arrested fishing vessel MFV Juliette sold by public auction, preferred the sheriff to conduct the sale, and dismissed Cameron-Dow’s competing application.

• Judicial Sale Of Vessel
• Preservation Costs
• Ranking Of Claims
• Admiralty Jurisdiction
• Interlocutory Relief
• Admiralty-and-maritime