i-law

Lloyd's Maritime and Commercial Law Quarterly

Guilt by association in South African admiralty law

Graham Bradfield *

There are divergences between the statutory ‘‘veil piecing’’ under the ‘‘associated ship’’ arrest provisions of the South African Admiralty Jurisdiction Regulation Act 105 of 1983 and the South African common law ‘‘veil piercing’’ principles in relation to corporations generally. These are noted in the light of a proposal to extend the ‘‘associated ship’’ arrest provisions to other forms of property, or at least ‘‘maritime property’’ as defined in s 3(5) of the Act. The extension is proposed for the purpose primarily, if not solely, of achieving consistency in the treatment of all forms of, at least, maritime property. This article argues for circumspection in extending such provisions to other forms of property on the grounds that such extension would be at the cost of exacerbating inconsistencies between the statutory ‘‘veil piercing’’ under the Act and the common law ‘‘veil piercing’’ principles in relation to corporations generally, would be without the particular justification for the ‘‘associated ship’’ arrest provisions, and may be of limited practical value .

INTRODUCTION

It is over 20 years since South Africa introduced its ‘‘associated ship’’ arrest provisions, in the Admiralty Jurisdiction Regulation Act of 1983 (‘‘the Act’’).1 The implementation of these, at the time, ‘‘novel, unusual and at times far-reaching provisions’’,2 earned South Africa a reputation in shipping circles as an ‘‘arrest friendly’’ jurisdiction.3 Since their

234

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, click Log In button.

Copyright © 2024 Maritime Insights & Intelligence Limited. Maritime Insights & Intelligence Limited is registered in England and Wales with company number 13831625 and address 5th Floor, 10 St Bride Street, London, EC4A 4AD, United Kingdom. Lloyd's List Intelligence is a trading name of Maritime Insights & Intelligence Limited.

Lloyd's is the registered trademark of the Society Incorporated by the Lloyd's Act 1871 by the name of Lloyd's.