South Africa Case Law

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

Van Niekerk v The MV "Madiba 1" (AC13/2018) [2022] ZAWCHC 125 (17 June 2022)

Court

Western Cape High Court, Cape Town

Case number

AC13/2018

Judge

Binns-Ward

The court held that section 1(3) of the Admiralty Jurisdiction Regulation Act was enacted to allow vessels chartered by demise to be arrested in actions in rem for maritime claims against the charterer, but does not transfer ownership or proprietary rights to the charterer. The arrest of the vessel attaches the property of the real owner, not the charterer, and does not constitute an attachment or execution against the charterer's assets under section 359(1)(b) of the Companies Act. The charterer's rights under the charterparty are personal and not attached by the arrest. The proposed special…

Source excerpt

• Admiralty Jurisdiction Regulation Act
• Demise Charter
• Action In Rem
• Companies Act Liquidation
• Attachment And Execution
• Statutory Interpretation

Lauritzen Bulkers A/S v MV "Chenebourg", Maple Maritime Inc. v E.A.S.T. International Ltd and Others (KAC210/2009, A224/2009)

Lauritzen Bulkers A/S v MV "Chenebourg", Maple Maritime Inc. v E.A.S.T. International Ltd and Others (KAC210/2009, A224/2009) [2009] ZAKZDHC 73; 2011 (4) SA 467 (KZD) (26 November 2009)

Court

Kwazulu-Natal High Court, Durban

Case number

KAC210/2009, A224/2009

Judge

Kruger

The High Court held that section 1(3) of the Admiralty Jurisdiction Regulation Act does not extend to associated-ship arrests. Both vessels were released.

• Associated Ship Arrest
• Demise Charter
• Statutory Interpretation
• Rem Action
• Security For Release
• Associated-ship-arrest