South Africa

Abstract

A South African Admiralty Court would apply English law principles to the characterisation of section 261 to the extent that the wording of the provision allows for various constructions. Special statutory provisions apply however where goods are carried under a bill of lading to which the Carriage of Goods by Sea Act 1 of 1986 applies. South Africa is not a party to the International Convention for the Unification of certain Rules relating to the Limitation of the Liability of Owners of Sea-going Ships 1924 or the International Convention relating to the Limitation of the Liability of Owners of Sea-going Ships 1957 but section 261 of the 1951 Act clearly includes provisions modelled on the 1957 Convention. For the purpose of section 261 of the Merchant Shipping Act 1951 the tonnage of a ship is its gross registered tonnage. The tonnage of a foreign ship is to be measured, according to South African law, if capable of being so measured.