The South African Maritime Safety Authority (SAMSA) publishes for public comment the proposed Bill set out in the accompanying Schedule.
(Note: late submissions may be disregarded).
Briesch at (012) 366 2600. Attention is invited to the Objects Memorandum accompanying the Bill.
To amend the provisions of the Merchant Shipping Act, 1951, relating to limitation of liability for maritime claims; and for related matters.
Act 23 of 1997 1.
if no claim for damages in respect of loss of or damage to property or rights arises, be liable for damages in respect of loss of life or personal injury to an aggregate amount exceeding [206,67 special drawing rights for each ton of the ship's tonnage] an amount determined by the Minister bv notice in the Gazette and, until the time that the amount is so determined. shall not be liable for such damages to an gg drawing rights for a ship with a tonnage not exceeding; 2 000 tons: and for a ship with a tonnage over 2 000 tons.
for each ton from 2 001 to 30 000 tons, 800 special drawing rights; for each ton from 30 001 to 70 000 tons, 600 wecia1 drawing rights; for each ton over 70 000 tons. 400 suecial drawing rights; or if no claim for damages in respect of loss of life or personal injury arises, be liable for damages in respect of loss of or damage to property or rights to an aggregate amount exceeding [66,67 special drawing rights €or each ton of the ship's tonnage] an amount determined bv the Minister bv notice in the Gazette and.
for each ton from 2 001 to 30 000 tons, 400 special drawing rights; for each ton from 30 001 to 70 000 tons.
shall be applied pro ruru to the balance of the claims for damages in respect of loss of life or personal iniurv and the claims for damages in respect of loss of or damage to propertv in any event.
1983 Act No. 105 of 19831.
if it is proved resulted from the owner's personal act or omission, committed either with intent to cause the and with knowledge that the loss, iniurv or damage would probably result. The onus of proving that this subsection applies is on the person alleging its application.
To avoid doubt.
onlv in respect of claims arising after the commencement of the provision establishing the applicable limits.
Act. 1983 (Act No. 105 of 1983).
[such] currency on the date of the ljudgment or the date agreed upon by the parties] occasion on which the claim arose.
The Court may.
give the directions it thinks fit about the currency, or currencies, that are to be applicable and about the ascertainment. subject to of the value of anv applicable currency on the relevant date.
the [date on which the judgment is given] relevant date under varaaaph if no sum has been so fixed for that [day] date, the last [day before that day] preceding date for which a sum has been so fixed.
shall be prima facie proof of those matters for the purposes of subsection (1); and a document purporting to be a such a certificate shall, in any proceedings, be admissible in evidence and, in the absence of evidence to the contrary, be deemed to be such a certificate.
of this section, 'owner'.
Section 263 of the principal Act is amended by the deletion of subsection (2).
This Act is the Merchant Shipping Amendment Act, 2006.
This Act commences on a day fixed by the President by proclamation in the Gazette.
1 This Bill amends the Merchant Shipping Act, 1951 (Act No. 57 of 1951) ("the MSA").
to correct technical deficiencies in the section; and to modernise the law relating to shipowner limitation by introducing provision that is consistent with the 1976 Convention on Limitation of Liability for Maritime Claims and its 1996 Protocol ("the LLMC") in respect of liability limits, conduct barring limitation and the burden of proof; and to make other consequential chongss.
3 Clause amends section 261 of the principal Act. The amendments propose to modernise the law relating to shipowner limitation by introducing key elements of the LLMC, notably in respect of liability limits and the test, and onus, for barring limitation. These changes also address current deficiencies affecting claims involving both personal injury and damage to property. While the LLMC test for barring limitation is much stricter than the current "fault or privity" test, this is balanced by significantly higher liability limits, which, for claimants, means the prospect of a larger limitation fund being available for the payment of claims. Provision is made for the Minister of Transport to set different limits should this become necessary over time.
4 Clause 3 amends section 263 of the principal Act by deleting subsection (2). The provision is re-enacted in substantially the same terms in the amendments covered by clause I of the Bill.
4 is a standard provision dealing with the short title and commencement of the enactment. Commencement is to be on a day proclaimed by the President.