A CASE ANALYSIS OF THE MV "KIANI SATU" (unreported
case no AC50/2013 of 3 September 2013)
The MV "Kiani Satu" grounded and subsequently sank off
South Africa's coastline in August 2013. The litigation ensuing
from this incident highlights the helpful provisions of section
5(5) of the Admiralty Jurisdiction Regulation Act 105 of 1983 (the
"Act") that allow interested parties to apply for
inspection of documents relevant to a maritime claim. This is
permitted "in exceptional circumstances" where the
maritime claim will not be brought in South Africa.
Before the vessel sunk, cargo interests obtained an interim
order interdicting the Master and Crew from leaving the Western
Cape plus restraining the removal of documents from the Western
Cape. As it happened, after the vessel had sunk, cargo interests
sought a final order in terms of s5(5) for the production and
inspection of a wide range of documents relating to the vessel
including, inter alia, log books, engine
