South Africa Case Law

MV 'MSC Susanna': Owners and Underwriters of the MV 'MSC Susanna' and Another v Transnet (SOC) Ltd and Another (1039/2020)

MV 'MSC Susanna': Owners and Underwriters of the MV 'MSC Susanna' and Another v Transnet (SOC) Ltd and Another (1039/2020) [2021] ZASCA 135; [2022] 1 All SA 126 (SCA); 2022 (2) SA 85 (SCA) (6 October 2021)

Court

Supreme Court of Appeal

Case number

1039/2020

Judges

Navsa, Wallis, Schippers, Mbatha, Gorven

The Supreme Court of Appeal held that section 261(1)(b) of the Merchant Shipping Act confers a right to limit liability for damages arising from the operation of a vessel, including claims by defence force vessels. The exclusion in section 3(6) applies to ships, not to owners, and does not preclude owners of merchant ships from invoking limitation provisions against claims by defence force vessels. The court found that the language of section 261 is clear and comprehensive, encompassing all types of property without qualification. The court rejected the Ministry's argument that the Act's purp…

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

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

MS "Bonanza" Schiffahrtgesellschaft mbH & Co, KG and Another v Durban Coal Terminal Company (Pty) Ltd t.a Bulk Connexions and Another (A50/2017)

MS "Bonanza" Schiffahrtgesellschaft mbH & Co, KG and Another v Durban Coal Terminal Company (Pty) Ltd t.a Bulk Connexions and Another (A50/2017) [2018] ZAKZDHC 6 (29 March 2018)

Court

Kwazulu-Natal High Court, Durban

Case number

A50/2017

Judge

Mngadi

The court refused a shipowners’ request for a declaratory order extending South African limitation of liability to foreign proceedings.

• Limitation Of Liability
• Forum Non Conveniens
• Declaratory Relief
• Admiralty Jurisdiction Regulation Act
• Merchant Shipping Act
• Multiplicity Of Actions

MV 'Shark Team' v Tallman (190/2015)

MV 'Shark Team' v Tallman (190/2015) [2016] ZASCA 46 (31 March 2016)

Court

Supreme Court of Appeal

Case number

190/2015

Judges

Cachalia, Willis, Zondi, Plasket, Kathree-Setiloane

The Supreme Court of Appeal held that the Shark Team skipper was not negligent when a freak wave capsized the vessel and dismissed the widow’s damages claim.

• Aquilian Liability
• Maritime Claim
• Negligence
• Admiralty Jurisdiction Regulation Act
• Merchant Shipping Act
• Admiralty-law

Viking Inshore Fishing (Pty) Ltd v Mutual And Federal Insurance Company Limited (AC 22/07)

Viking Inshore Fishing (Pty) Ltd v Mutual And Federal Insurance Company Limited (AC 22/07) [2014] ZAWCHC 154 (17 October 2014)

Court

Western Cape High Court, Cape Town

Case number

AC 22/07

Judge

N J Yekiso

The court found that the Merchant Shipping Act Warranty in the marine hull policy imposed a strict obligation on Viking to comply with safety and seaworthiness regulations at all times. The Inchmaree clauses did not nullify the warranty, and both must be read together. Evidence, including admissible hearsay, established that at the time of the collision, there was no qualified officer on the bridge of the 'Lindsay' and Viking failed to prepare and preserve a schedule of duties as required by regulation 6B. These breaches constituted non-compliance with the warranty, entitling Mutual & Federal…

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• Marine Hull Insurance
• Promissory Warranty
• Merchant Shipping Act
• Inchmaree Clause
• Admissibility Of Hearsay
• Safe Manning Regulations

Transnet v MV “Alina II” (AC 104/09; AC 03/10)

Transnet v MV “Alina II” (AC 104/09; AC 03/10) [2013] ZAWCHC 124; 2013 (6) SA 556 (WCC) (5 September 2013)

Court

Western Cape High Court, Cape Town

Case number

AC 104/09; AC 03/10

Judge

Goliath

The High Court ordered discovery of arbitration documents relevant to a maritime damages claim and limitation defence, rejecting confidentiality objections.

• Discovery Of Documents
• Limitation Of Liability
• Confidentiality In Arbitration
• Merchant Shipping Act
• Stay Of Proceedings
• Discovery-of-documents

Ngubane v Spray Fishing (Pty) Ltd (D642/98)

Ngubane v Spray Fishing (Pty) Ltd (D642/98) [2002] ZALC 58; (2002) 23 ILJ 2104 (LC); [2003] 1 BLLR 66 (LC) (19 August 2002)

Court

Labour Court

Case number

D642/98

Judge

Pillay

The Labour Court held that the applicant’s employment with a fishing company was indefinite but voyage-based, and that a discretionary non-voyage payment could be withdrawn.

• Fixed Term Contracts
• Indefinite Employment
• Merchant Shipping Act
• Unfair Dismissal
• Employment Benefits
• Fixed-term-contracts

Owner of MV "Maritime Prosperity" v Owner of MV "Lash Atlantico" (42/94)

Owner of MV "Maritime Prosperity" v Owner of MV "Lash Atlantico" (42/94) [1995] ZASCA 98; 1996 (1) SA 22 (SCA); (15 September 1995)

Court

Supreme Court of Appeal

Case number

42/94

Judges

Corbett, Smalberger, Nestadt, Marais, Scott

The court held that section 344(3) of the Merchant Shipping Act applies only to actions in rem, so it did not bar Coastal’s in personam reliance on prescription rules.

• Security Arrest
• Prescription Period
• Action In Rem
• Action In Personam
• Merchant Shipping Act
• Prescription Act