The Associated Ship & SA Admiralty Jurisdiction

Endorsements

‘A tour de force — a work of the very highest order.’
—     Hilton Staniland — Professor of Maritime Law in the Institute of Maritime Law, University of Southampton

‘This is a work of extraordinary academic merit yet it will be indispensable to the scholar and the admiralty practitioner alike. With characteristic thoroughness and probing insight, Malcolm Wallis has examined the provenance and procedure of a remedy unique to South Africa. In so doing the author has placed the arrest of an associated ship in South Africa firmly at the vanguard of the arsenal of weapons a maritime creditor may use to bring to bear on worldwide recalcitrant debtors. The work traces the associated ship’s rite of passage through the past 25 years of South African maritime law. It illuminates theory and practice. With Judge Wallis’ thesis, the associated ship arrest has finally come of age.’
—     John Hare — Professor of Shipping Law, University of Cape Town

Table of Contents

The introduction of the Associated Ship
Jurisdiction
1 The previous legal landscape
2 The action in rem in South Africa
3 The road to the Associated Ship
4 The early development of the Associated Ship Jurisdiction
5 The amendments and the present Associated Ship Jurisdiction
6 The concept of control
7 Single or multiple arrests?
8 The constitutional dimension
9 Security arrests
10 Theories of the Action in rem
11 The South African Action in rem
12 The Associated Ship — problems and puzzles

About the author

Malcolm Wallis holds the degrees BCom, LL B (cum laude) and PhD. He practised as an advocate for 35 years at the KwaZulu-Natal Bar, the last 23 years as a silk, before his appointment to the bench in 2009.

He had a substantial maritime practice and appeared in many leading shipping cases in the Supreme Court of Appeal. He also had a wide-ranging practice in other areas and appeared in over 100 SCA appeals and a number of cases in the Constitutional Court. He was the chairman of the General Council of the Bar and of the Forum for Barristers and Advocates of the IBA as well as vice-chairman of the Bar Issues Commission of the IBA. In addition he was active in a number of areas of public life. Since his appointment to the Bench he has held acting appointments in the SCA and Competition Appeals Court and is a member of the Labour Appeal Court.