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  • Writer's pictureKaplan Blumberg

Maritime Claims

What is a maritime claim and how is it enforced?


There are 32 categories of “maritime claims” defined in section 1 of the Admiralty Jurisdiction Regulation Act 105 of 1983 (hereinafter referred to as the “the Act”) which are subject to the admiralty jurisdiction of the High Court.


The Act provides for two separate forms of proceedings:


  1. Proceedings in personam, in which the person or the debtor or wrongdoer is cited as the Defendant.

  2. Proceedings in rem, in which the ship, bunkers, cargo, equipment, or freight against or in respect of which the claim lies, is cited as the Defendant.

  3. In addition, in rem proceedings can be brought against a container if the claim arises out of or relates to the use of that container in or on a ship or the carriage of goods by sea or by water or otherwise in that container.


Contact our professionals at 041 363 6044 or info@kaplans.co.za for assistance. We provide efficient and cost-effective enforcement and defense of all maritime-related claims, ship arrests, and emergency responses.



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DISCLAIMER:

This article is not intended to constitute legal advice and is produced for information purposes only and to provide a general understanding of the legal position relating to the topic. It is recommended that advice relating to the specific circumstances of your situation be sought from our attorneys before acting upon the content of this article. This article was written at a particular point in time and accordingly may not always reflect the most recent legal developments, if any, applicable to the relevant topic. Kaplan Blumberg and its partners and/or employees, are not responsible for any consequences which may follow upon any decision taken to act upon the information provided in this article.

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