n Annual Survey of South African Law - Admiralty law

Volume 2006, Issue 1
  • ISSN : 0376-4605



The National Ports Act 12 of 2005 ('the 2005 Act'), which was assented to on 31 July 2005, finally came into force on 26 November 2006. The Act provides for the establishment of the National Ports Authority ('the Authority') and the Ports Regulator. The management of the ports is radically restructured with the object of promoting and improving the efficiency with which the ports are operated. Much commentary could be directed at the manner in which the objects of the Act, which are fully adumbrated in s 2, may be achieved. That commentary would however have little to do with the enforcement of maritime claims in the Admiralty Court which is the subject of this chapter. What follows instead are some remarks necessarily restricted to issues of statutory construction as they relate to maritime claims arising out of the 2005 Act that may, or ought to, come before the Admiralty Court.

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