Merchant Shipping Act, 1951 (Act No. 57 of 1951)

Chapter IX : Offences, Penal Provisions and Legal Procedure

339. Detention of foreign ship that has occasioned damage
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(1)Whenever injury has in any part of the world been caused to property belonging to the Government of the Republic or the Government of any other treaty country or to a South African citizen or a citizen of any treaty country (other than the Republic) by a foreign ship, and at any time thereafter that ship is found within the Republic or the territorial waters thereof, a High Court may, upon the application of any person who alleges that the injury was caused by the misconduct or want of skill of the master or any member of the crew of the ship, issue an order directed to any proper officer or other officer named, requiring that officer to detain the ship until such time as the owner, master or consignee thereof has satisfied any claim in respect of the injury, or has given security to the satisfaction of the court, to pay all costs and damages that may be awarded in any legal proceedings that may be instituted in respect of the injury. Any proper officer or other officer to whom the order is directed shall detain the ship accordingly.

[Section 339(1) substituted by section 56 of Act No. 40 of 1963]

 

(2)Whenever it appears that, before an application can be made under this section, the ship in respect of which the application is to be made will have departed from the Republic or the territorial waters thereof, any proper officer may detain the ship for such time as will allow the application to be made and the result thereof to be communicated to the officer detaining the ship, and that officer shall not be liable for any costs or damages in respect of the detention unless the same is proved to have been made without reasonable grounds.

 

(3)In any legal proceedings in relation to any such injury aforesaid, the person giving security shall be made defendant and shall be stated to be the owner of the ship that has occasioned the damage.