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Admiralty law in South Africa: section 6 of the Admiralty Jurisdiction Act - an analysis, comparison and case law examination
Under South African Admiralty law the Courts are to apply two different systems of law depending upon whether the matter could have been heard under the old jurisdiction held by the Colonial Courts of Admiralty as at 1890. If the matter does involve this old jurisdiction then English law as it was i...
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| Format: | Thesis |
| Language: | English |
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Department of Commercial Law
2023
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| _version_ | 1867613222108921856 |
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| access_status_str | Open Access |
| author | Stiebel, Mark |
| author_browse | Stiebel, Mark |
| author_facet | Stiebel, Mark |
| author_sort | Stiebel, Mark |
| collection | Thesis |
| description | Under South African Admiralty law the Courts are to apply two different systems of law depending upon whether the matter could have been heard under the old jurisdiction held by the Colonial Courts of Admiralty as at 1890. If the matter does involve this old jurisdiction then English law as it was in 1983 must be applied by the Courts to the matter. If the matter involves a new jurisdiction, which was unknown in the old courts, then Roman-Dutch law must be applied to the matter. These dual systems of admiralty have resulted in interesting judicial application, with certain judges correctly applying the statute, while others have ignored or chosen not to follow its directives. This paper investigates how admiralty law has developed in South Africa resulting in the dual system and analyses the mechanism established through legislation. The application through case law of the section is analyzed to discover how the section has been utilized by the South African courts. Thereafter a comparison is made of other jurisdictions with a similar admiralty source to discover how they have resolved the juxtaposition of admiralty law with domestic law. Suggestions for legislative reform are suggested and debated. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/38475 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:32:42.829Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2023 |
| publishDateRange | 2023 |
| publishDateSort | 2023 |
| publisher | Department of Commercial Law |
| publisherStr | Department of Commercial Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/38475 Admiralty law in South Africa: section 6 of the Admiralty Jurisdiction Act - an analysis, comparison and case law examination Stiebel, Mark law Under South African Admiralty law the Courts are to apply two different systems of law depending upon whether the matter could have been heard under the old jurisdiction held by the Colonial Courts of Admiralty as at 1890. If the matter does involve this old jurisdiction then English law as it was in 1983 must be applied by the Courts to the matter. If the matter involves a new jurisdiction, which was unknown in the old courts, then Roman-Dutch law must be applied to the matter. These dual systems of admiralty have resulted in interesting judicial application, with certain judges correctly applying the statute, while others have ignored or chosen not to follow its directives. This paper investigates how admiralty law has developed in South Africa resulting in the dual system and analyses the mechanism established through legislation. The application through case law of the section is analyzed to discover how the section has been utilized by the South African courts. Thereafter a comparison is made of other jurisdictions with a similar admiralty source to discover how they have resolved the juxtaposition of admiralty law with domestic law. Suggestions for legislative reform are suggested and debated. 2023-09-08T12:45:04Z 2023-09-08T12:45:04Z 1999 2023-09-08T12:44:34Z Master Thesis Masters LLM http://hdl.handle.net/11427/38475 eng application/pdf Department of Commercial Law Faculty of Law |
| spellingShingle | law Stiebel, Mark Admiralty law in South Africa: section 6 of the Admiralty Jurisdiction Act - an analysis, comparison and case law examination |
| thesis_degree_str | Master's |
| title | Admiralty law in South Africa: section 6 of the Admiralty Jurisdiction Act - an analysis, comparison and case law examination |
| title_full | Admiralty law in South Africa: section 6 of the Admiralty Jurisdiction Act - an analysis, comparison and case law examination |
| title_fullStr | Admiralty law in South Africa: section 6 of the Admiralty Jurisdiction Act - an analysis, comparison and case law examination |
| title_full_unstemmed | Admiralty law in South Africa: section 6 of the Admiralty Jurisdiction Act - an analysis, comparison and case law examination |
| title_short | Admiralty law in South Africa: section 6 of the Admiralty Jurisdiction Act - an analysis, comparison and case law examination |
| title_sort | admiralty law in south africa section 6 of the admiralty jurisdiction act an analysis comparison and case law examination |
| topic | law |
| url | http://hdl.handle.net/11427/38475 |
| work_keys_str_mv | AT stiebelmark admiraltylawinsouthafricasection6oftheadmiraltyjurisdictionactananalysiscomparisonandcaselawexamination |