Proceedings may have been instituted or will be instituted. A very useful procedure which is much used by claimants around the world. Track vessels through the various firm’s shipwatch systems, and when a vessel arrives, apply to court for an order for the arrest of that vessel or other property such as bunkers. Even freight due is capable in the hands of the shipper, provided that that shipper is situated in South Africa.
Ship Arrest In South Africa The Very Basics Part 1
Ship Arrests in South Africa <ul><li>South Africa is regarded as an “arrest- friendly jurisdiction”, in other words if you have a legitimate claim against a shipowner, you can have his/her ship arrested in order to satisfy your claim. </li></ul><ul><li>The South African High Court of Admiralty offers efficient and fair dispute resolution and effective arrest procedures . </li></ul><ul><li>So don’t fret if you can no longer use the USA’s Rule B attachment- take a look at the bottom of Africa for justice and recourse! </li></ul>
Ship Arrests <ul><li>In South Africa, vessels may be arrested, either in rem , or as security for foreign proceedings </li></ul><ul><li>An in rem arrest is effected by the arrest of maritime property in respect of which claim lies </li></ul><ul><li>A warrant of arrest and a summons (a “writ”) is issued by the Registrar of the High Court against production of Rule 4(3) certificate from the claimant or its attorney </li></ul><ul><li>The security obtained through the arrest is limited to value of the res. </li></ul>
In rem arrest ( not dealing with the maritime lien ) <ul><li>The claim must be a ‘ maritime claim ’ ( ie. cargo damage ); </li></ul><ul><li>The property sought to be arrested must be ‘ maritime property ’ ( ie. a ship ); </li></ul><ul><li>The property must be within or likely to come within the jurisdiction of the court in which the arrest is sought ( ie. the High Court of Kwa-Zulu Natal, Durban ); </li></ul><ul><li>the claim must lie against the property sought to be arrested ( or the associated ship but we will discuss this aspect at a latter time ) </li></ul><ul><li>The owner of the maritime property must be liable in his personal capacity. </li></ul>
Arrests for security for foreign proceedings! this is an extensive procedure! <ul><li>In South Africa you can arrest ship in order to get security for arbitration (or other legal ) proceedings that take place in New York; Singapore or Timbuctoo! </li></ul><ul><li>For a security arrest you as the claimant must show – </li></ul><ul><ul><li>That you have a ‘maritime claim’ enforceable by an action in rem or action against the owner in his personal capacity; </li></ul></ul><ul><ul><li>That you have a prima facie case in respect of the claim; </li></ul></ul><ul><ul><li>The claim is enforceable in the proceedings that you seek security for; </li></ul></ul><ul><ul><li>You must have a genuine and reasonable need for security </li></ul></ul><ul><li>If you want to go this route, you will have to lodge an application to High Court supported by an affidavit from you. </li></ul>
<ul><li>This is a very brief overview of arrest procedure in South Africa and is not intended to constitute legal advice. </li></ul><ul><li>Should you have any further queries, please feel free to contact me at </li></ul><ul><li>Email: [email_address] </li></ul><ul><li>Cell: +27 (0)83 637 1863 </li></ul>
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