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The privatisation of pilotage services: a panacea for South Africa’s pilotage ills?
Does the creation of a deemed servant-master relationship, between pilot and ship-owner or master through section 76 (2) of the National Ports Act (hereafter the NPA); accurately reflect the de facto relationship in which the parties stand? Can the provision's importation of the doctrine of vicariou...
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| Format: | Thesis |
| Language: | English |
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Shipping Law Unit
2015
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| _version_ | 1867613640065024000 |
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| access_status_str | Open Access |
| author | Balmuth, Simon Mark |
| author2 | Bradfield, Graham |
| author_browse | Balmuth, Simon Mark Bradfield, Graham |
| author_facet | Bradfield, Graham Balmuth, Simon Mark |
| author_sort | Balmuth, Simon Mark |
| collection | Thesis |
| description | Does the creation of a deemed servant-master relationship, between pilot and ship-owner or master through section 76 (2) of the National Ports Act (hereafter the NPA); accurately reflect the de facto relationship in which the parties stand? Can the provision's importation of the doctrine of vicarious liability and consequent foisting of liability on the ship-owner be defined as logical, just and practical? It will be argued after having had recourse to the manner in which these roles have come to be defined and understood in South African labour jurisprudence, the governing law, respective positions occupied by ship-owner and port authority, broad-based considerations of policy, and key tenets of the rationale underpinning the concept of vicarious liability; that the answer to the above-raised questions is are sounding no. In addition, the writer will submit that the privatisation of pilotage services presents a solution, alternate to the irrational imposition of the doctrine of vicarious liability, which is palatable to government, ship-owning interests and pilot. a) Introduction Typically, claims arising from consequences of pilot error satisfy the definition of a 'maritime claim' contained in s 1 (1) (e) and s 1 (1) (l) of the Admiralty Jurisdiction Regulation Act. As a result thereof; a South African court sitting in admiralty has jurisdiction to hear such claims. As to the identification of the appropriate law; s 6 (2) dictates that South African statute, if relevant, trumps pre-existing English admiralty law and is the law to be applied. The NPA, chiefly through sections 75 and 76, regulates the extent of the pilot's liability for his/her acts or omissions whilst a vessel is under compulsory pilotage. Thus, the Act is applicable to disputes arising from pilot error, before a South African court sitting in admiralty. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/15161 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:39:21.500Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2015 |
| publishDateRange | 2015 |
| publishDateSort | 2015 |
| publisher | Shipping Law Unit |
| publisherStr | Shipping Law Unit |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/15161 The privatisation of pilotage services: a panacea for South Africa’s pilotage ills? Balmuth, Simon Mark Bradfield, Graham Shipping Law Does the creation of a deemed servant-master relationship, between pilot and ship-owner or master through section 76 (2) of the National Ports Act (hereafter the NPA); accurately reflect the de facto relationship in which the parties stand? Can the provision's importation of the doctrine of vicarious liability and consequent foisting of liability on the ship-owner be defined as logical, just and practical? It will be argued after having had recourse to the manner in which these roles have come to be defined and understood in South African labour jurisprudence, the governing law, respective positions occupied by ship-owner and port authority, broad-based considerations of policy, and key tenets of the rationale underpinning the concept of vicarious liability; that the answer to the above-raised questions is are sounding no. In addition, the writer will submit that the privatisation of pilotage services presents a solution, alternate to the irrational imposition of the doctrine of vicarious liability, which is palatable to government, ship-owning interests and pilot. a) Introduction Typically, claims arising from consequences of pilot error satisfy the definition of a 'maritime claim' contained in s 1 (1) (e) and s 1 (1) (l) of the Admiralty Jurisdiction Regulation Act. As a result thereof; a South African court sitting in admiralty has jurisdiction to hear such claims. As to the identification of the appropriate law; s 6 (2) dictates that South African statute, if relevant, trumps pre-existing English admiralty law and is the law to be applied. The NPA, chiefly through sections 75 and 76, regulates the extent of the pilot's liability for his/her acts or omissions whilst a vessel is under compulsory pilotage. Thus, the Act is applicable to disputes arising from pilot error, before a South African court sitting in admiralty. 2015-11-21T09:35:08Z 2015-11-21T09:35:08Z 2015 Master Thesis Masters LLM http://hdl.handle.net/11427/15161 eng application/pdf Shipping Law Unit Faculty of Law University of Cape Town |
| spellingShingle | Shipping Law Balmuth, Simon Mark The privatisation of pilotage services: a panacea for South Africa’s pilotage ills? |
| thesis_degree_str | Master's |
| title | The privatisation of pilotage services: a panacea for South Africa’s pilotage ills? |
| title_full | The privatisation of pilotage services: a panacea for South Africa’s pilotage ills? |
| title_fullStr | The privatisation of pilotage services: a panacea for South Africa’s pilotage ills? |
| title_full_unstemmed | The privatisation of pilotage services: a panacea for South Africa’s pilotage ills? |
| title_short | The privatisation of pilotage services: a panacea for South Africa’s pilotage ills? |
| title_sort | privatisation of pilotage services a panacea for south africaa€™s pilotage ills |
| topic | Shipping Law |
| url | http://hdl.handle.net/11427/15161 |
| work_keys_str_mv | AT balmuthsimonmark theprivatisationofpilotageservicesapanaceaforsouthafricaaspilotageills AT balmuthsimonmark privatisationofpilotageservicesapanaceaforsouthafricaaspilotageills |