Transnet Ltd (t/a National Ports Authority) v MV “Cleopatra Dream” and Anr – Supreme Court of Appeal)(Brand, Lewis, Heher, Malan and Seriti JJA) – 11 March 2011

Salvage – Port authority rendering assistance to vessel in distress within confines of port – Port authority claiming salvage reward – Whether services had to be rendered voluntarily – Whether services rendered by port authority were rendered pursuant to statutory or common law duty – Effect of 1989 Salvage Convention

In the early hours of 2 April 2004 the vessel Cleopatra Dream was making her way out of the port of Saldanha with a pilot onboard, and having loaded cargo, when she experienced a catastrophic power failure which resulted in the stoppage of her main engines and prevented her from dropping anchor. She was within the limits of the port. The pilot requested tug assistance from the port authority. One of the port authority’s tugs came alongside and commenced pushing the vessel’s port bow. Twenty minutes later a second pilot boarded the vessel. Within the next half-hour a second tug operated by the port authority also came alongside and was made fast to the vessel, which was then towed to a place of safety within the port.