Access Arrangements Following A Casualty

Following the grounding of the "Kiani Satu" off the Knysna coast in August and its consequent refloating and sinking, the owners of the cargo on board the vessel sought an order for the preservation of documentation and access to its crew. The cargo owners apparently intended bringing a claim in London arbitration proceedings against the owners of the vessel and/or its demise charterer, following the loss of the cargo, and sought the preservation of evidence for the purposes of its claim.

In this respect, the Court is empowered to "make an order for the examination, testing or inspection by any person of any ship, cargo, documents or any other thing and for the taking of the evidence of any person", where it is necessary or desirable to do so. In addition, and in "exceptional circumstances" a court is vested with the power to make an order, contemplated above, in respect of a maritime claim that has been or could be instituted outside of the Republic.