Tamryn Simpson has resigned as Treasurer of the Maritime Law Association. The Treasurer position will be filled by Slindokuhle Ngwenya of Cox Yeats until the 2025 AGM and Conference. We would like to thank Tamryn for her dedication and contribution to the Executive Committee over the past 8 years as Treasurer and are pleased that she will continue to contribute to the MLA and will remain a member, albeit it from snowier shores in Canada! Tamryn will continue to provide support to Slindokuhle until the 2025 AGM and Conference and will continue on as a Trustee of the Steven Wallace Maritime Trust.
MLA Gauteng Chapter Launch
The launch event for the Maritime Law Association Gauteng Chapter (MLAGC), hosted and sponsored by Norton Rose Fulbright and Cox Yeats was a remarkable gathering of industry professionals and legal experts, providing a platform for insightful discussions and networking opportunities. This event took place on 25 March 2025.
Peter Lamb of Norton Rose Fulbright introduced the MLAGC and its steering committee consisting of himself, Aideen Ross (Cox Yeats), Sharmila Naidoo (Ernest & Young), Cynthia Nanthalall (Hollard), Advocate Ghandi Badela (Gauteng Bar), Alamein Jeffry Butt (Sapphire), Juliet Maullin (GIB), Vikesh Ramtahar (OMI), Mark Govender (AIG), Nicholene Naidoo Mazibuko (NRF) and Dineo Peta (Peta Attorneys). Peter Lamb highlighted the fundamental purpose, objectives, structure and values of the MLAGC.
The event consisted of three esteemed speakers:
Taryn Janse Van Rensburg and David Ellis of C Steinweg presented on "Managing Cargo Risk in Sub-Saharan Africa" and delved into the complexities and opportunities associated with cargo management in the region. It highlighted the diverse range of resources and commodities such as petroleum, natural gas, crude oil, diamonds, coffee, and textiles that are integral to the African economy. The presentation identified several challenges that impacted cargo risk management.
Peter Edwards of DAWSON EDWARDS & ASSOCIATES addressed the critical need for updated regulations governing the entry of foreign fishing vessels into South African waters. The primary focus is on protecting South Africa's marine resources and ensuring sustainable fisheries management. The current legal framework, including sections 49(1), regulation 11, and regulation 81 of the Marine Living Resources Act (MLRA), is deemed insufficient. The presentation proposed new regulations to provide clarity and enforce stricter controls before foreign vessels enter South African waters.
Gavin Naidoo provided a comprehensive look at the services offered by Linsen Nambi Marine Surveying. He outlined the roles and responsibilities of marine surveyors and detailed the types of marine surveys conducted, including proactive inspections and retroactive claims related to cargo in transit, hijacking, theft, and damage. The presentation also highlighted the operational characteristics and risks associated with South Africa's major commercial ports. Each port's unique challenges, including weather-related delays, operational inefficiencies, and theft risks, were discussed along with risk mitigation strategies like enhanced security measures, equipment maintenance, and real-time monitoring.
The three presentations were invaluable and covered a range of pertinent topics in maritime law. The expertise and insights of our speakers were instrumental in making the event both informative and engaging.
The MLA extends its gratitude to everyone who attended and contributed to the success of this event.
“Pay to be paid” clause in liability insurance policy tested - MS Amlin Marine NV v King Trader Ltd & Others [2024] EWHC 1813 (Comm)
Mv Win Win or lose: when does a lengthy detention constitute a constructive total loss? - Delos Shipholding S.A. others vs Allianz Global Corporate and Specialty S.E. & Ors [2024] EWHC 719 (Comm)
Treasure chests and a submarine: When does a government have to pay salvage awards - Argentum Exploration Limited vs Republic of South Africa [2024] UKSC
Volume 16 of Norton Rose Fulbright’s The Big Read Book Series on marine insurance cases of 2023
The selected cases deal not only with direct decisions relating to marine insurance policies and principles, but also to bill of lading and charterparty cases where the outcome has an effect on the insurers and owners of cargo.