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1992 Ann. Surv. S. African L. 554 (1992)
Civil Procedure

handle is hein.journals/assafl1992 and id is 602 raw text is: CIVIL PROCEDURE MERVYN DENDY* CHERYL LOOTSt LEGISLATION ADMIRALTY JURISDICTION REGULATION The Admiralty Jurisdiction Regulation Act 105 of 1983 was amended by the Admiralty Jurisdiction Regulation Amendment Act 87 of 1992 and s 21 of the General Law Amendment Act 139 of 1992. The changes include the substitution of the definitions of 'admiralty action' and 'maritime claim' in s 1(1), and the substitution of s 1 (2)(a) of the 1983 Act to provide that an admiralty action shall commence by the service of any process by which that action is instituted, by the making of an application for the attachment of property to found jurisdiction, by the issue of any process for the institution of an action in rem, or by the giving of security or an undertaking to prevent the arrest or attachment of property or to obtain its release from arrest or attachment (overruling the decision in MV.Jute Express v Owners of the Cargo Lately Laden On Board the MV Jute Express 1992 (3) SA 9 (A), as explained in the section on Carriage in the chapter on Miscellaneous Contracts). Further amendments relate to the lapsing of an admiralty action and the release or discharge of property from arrest or attachment in terms of ss 1 (2) (b) and 3(10) (a) (ii) respectively; the persons against whom and the courts in which an action in personam may be instituted in terms of s 3(2) and (3); the categories of property that may be arrested in terms of s 3(5); the arrest of an associated ship (s 3(6) read with s 3(7)) or of a ship which would have been an associated ship had the action been one in rem (s 4(4)(d)); the arrest or attachment to found jurisdiction of property not within the area of jurisdiction of the court in terms of s 4(4)(c); thejoinder of parties to admiralty actions (s 5(1)); the arrest or attachment of property to provide security for a claim (s 5(2)(d) and (3)); the examination, testing or inspection of any ship, cargo, documents or any other thing and the taking of evidence of any person (s 5(5)(a)); the refusal by an admiralty court to exercise its jurisdiction if a matter can more *BCom LLB (Witwatersrand), Attorney and Notary of the Supreme Court of South Africa, Senior Lecturer in Law, University of the Witwatersrand, Johannes- burg. tBA LLB (Witwatersrand), Attorney and Notary of the Supreme Court of South Africa, Senior Lecturer in Law, University of the Witwatersrand, Johannesburg.

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