n Annual Survey of South African Law - Miscellaneous contracts (agency, carriage, deposit, donation, loan, partnership, service, and surety)

Volume 2011, Issue 1
  • ISSN : 0376-4605



In relation to carriage by sea, the Merchant Shipping (Safe Containers Convention) Act 10 of 2011 was enacted to give effect to articles II to VI of the International Convention for Safe Containers and to provide for matters connected therewith. Section 6 of the Act allows for the appointment of container inspectors, and section 7 affords inspectors the power to board, without a warrant, at any reasonable time, any vehicle, (including a ship, train or truck) in the following circumstances: first, if there is significant evidence that a container on the vehicle may create an obvious risk to safety; secondly, for the purpose of confirming whether the vehicle holds a Safety Approval Plate; and, lastly, to determine whether any provision of the Act has been contravened. Section 8 ensures that no person obstructs an inspector in the performance of his or her duties, and section 9 details the process for an inquiry into an accident or incident involving a container.

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