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