Browsing by Author "Cook, Daryl"

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    Maritime courts and the constitution
    (2000) Cook, Daryl
    INTRODUCTION: The South African Merchant Shipping Act establishes three different kinds of shipping tribunal, namely, Courts of Marine Enquiry, Courts of Survey, and Maritime Courts. Courts of Marine Enquiry are used when a South African ship is lost, abandoned or stranded, or an accident occurs aboard, or there is loss of life or a serious injury, whether locally or overseas. Courts of Survey are used when someone is aggrieved with a report issued by a South African Maritime and Safety Authority (SAMSA) surveyor. Both of these Courts are convened in South Africa. The distinguishing feature of Maritime Courts, on the other hand, is that they are convened abroad. They can be used to investigate a number of different types of incidents, including where there has been misconduct aboard a ship, where a ship has been lost at sea and where there has been a death or serious injury This dissertation will focus on Maritime Courts.