n Tydskrif vir die Suid-Afrikaanse Reg - Comments on the Sea Transport Documents Act 65 of 2000 : aantekeninge

Volume 2003, Issue 4
  • ISSN : 0257-7747
  • E-ISSN: 1996-2207



South Africa urgently needed modern legislation to govern the transfer of rights and obligations when negotiating bills of lading. The defects of the Bills of Lading Act 1855 (18 & 19 Vict c 111), which was generally applicable before the commencement of the Sea Transport Documents Act 65 of 2000 (hereafter the "act"; [1994] CLD 96 (W) 103-104; Admiralty Jurisdiction Regulation Act 105 of 1983 s 6(1)(a); Du Toit (LL D thesis RAU 2000) 48-49; Girvin "Third party rights under shipping contracts" 1997 97 114-115), have been set out often before and need not be repeated here (see , Girvin 111-112; Du Toit 133-136; Treitel and Reynolds (2001) 157-158). It is submitted that any legislation in South Africa should have been modelled closely on the Carriage of Goods by Sea Act 1992 (hereafter COGSA) in the United Kingdom. (The Sea-Carriage Documents Act 34 of 1998 (South Australia) could also have been examined as a basis for South African legislation.

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