Date of Award
2016
Document Type
Dissertation
Degree Name
Master of Science in Maritime Affairs
Specialization
Maritime Law & Policy
Campus
Malmö, Sweden
Country
South Africa
First Advisor
Donner, Patrick.
Abstract
The dissertation is a study of the South African limitation of liability for maritime
claims regime in relation to the International conventions on the subject. South
Africa is not a party to the limitation of liability international conventions. South
African limitation legislation is considered and compared to the International
conventions on certain aspects.
Judicial perspectives of certain aspects in relation to the concept of limitation of
liability, like, inter alia, onus of proof, conduct barring limitation and forum
shopping are discussed. In the South African limitation regime, shipowners can
discharge the onus by proving an absence of fault or privity. Certain untested
features of the South African limitation regime are identified.