CML6026F
Carriage of Goods by Sea (First Semester)
Single module (half course), part of the specialised LLM in Shipping Law
Provisional course schedule HERE.

Course convener: Professor John Hare.
Guest lecturer: Mr Rob Knutzen.

Lecture and seminar sessions:
Full day (compulsory) session Monday 25 February, followed by Wednesday sessions 16h00 to 18h00 throughout the first semester, plus 2 debates on 14 and 21 May 14h00 to 17h00. The block teaching enables us to cover the remainder of the course in a single double session per week.
Classes include regular seminar sessions at which students are required to participate in discussion and presentation.
Although the course focuses on South African law, this law is international, and comparisons are made with the laws of other jurisdictions.

Assignments:
An assignment, a cargo claims and charterparty claim debate will be set during the semester, together counting 50% of the course mark. Late assignments will be penalised with mark deductions.

Examination:
One three-hour examination, conducted during morning or afternoon, at the end of the semester.

Course content:
The business of carriage of goods by sea, including:

• Shipping and international trade;
• Carriage documents and their interaction;
• INCO terms;
• Other international attempts at standardisation in carriage;
• Electronic commerce in shipping.

General principles of carriage of goods by sea, including:

• Applicable law;
• The common carrier;
• International carriage regimes: The Hague, Hague-Visby and Hamburg Rules;
• The SA Carriage of Goods by Sea Act;
• The UNCITRAL/CMI draft transport convention;
• Title to Sue and the Sea Transport Documents and Title to Sue Act;
• Limitation of liability for cargo claims.

Bills of Lading
Charterparties
The UNCITRAL/CMI draft Transport Convention

DP requirements:
Satisfactory attendance at, and participation in lectures, moot and seminar sessions. Satisfactory completion of both assignments and debates during the semester.

CML6024S
Admiralty Jurisdiction and Practice (Second Semester)
Single module, part of the specialised LLM in Shipping Law
Course schedule to follow.

• NOTE: Only students with an LLB or equivalent will be enrolled for this course.

Course Convenor: Mr Graham Bradfield
Co-Presenters: Adv Gys Hofmeyr SC and Adv Mike Wragge SC

Lectures and seminar sessions:
Evening Classes twice weekly 17h00-19h45 for the duration of the second semester, on Tuesdays and Thursdays. Classes include regular seminar sessions at which students are required to participate in discussion and presentation.
Although the course is primarily South African, comparisons are made with the law and practice of other jurisdictions.

Assignments:
Two assignments (or one assignment and a debate) will be set during the semester. Together they will count 50% of the course mark. Late assignments will be penalised with mark deductions.

Examination:
One three-hour examination at the end of the semester, counting 50% of the year mark.

Course content:
Part 1: Admiralty Jurisdiction:
A full introduction to the jurisprudence of admiralty in South Africa traces the history of the development of Admiralty in the civilian and common law systems; the development and prohibition of Admiralty causes in England, the reception of 19th century English Admiralty law into the Cape and Natal; the maritime lien as the cornerstone of English Admiralty law, and the statutory right in rem; the changes brought about by the Admiralty Jurisdiction Regulation Act, 1983; the law presently applicable to Admiralty disputes in SA; and the SA court structure.

Part II: Admiralty Practice:
A full examination of statutory Admiralty practice in SA today; the 'maritime claim' of the Admiralty Jurisdiction Regulation Act, and the manner in which it may be enforced; arrest and attachment law and procedure; associated ship arrests, and the arrest and attachment of property other than a ship; security for claims and for costs; declining jurisdiction, stays and joinders; pre-trial evidence, inspection and discovery procedures; judicial sale ranking against funds in court; and an analysis of the Admiralty Court Rules.
An overview of a selection of foreign systems determined by the class make-up is undertaken. Foreign students are encouraged to study and present to the class comparative analyses of admiralty practice in their own jurisdictions.

DP Requirements:
Satisfactory attendance at, and participation in lectures, moot and seminar sessions. Satisfactory completion of one written assignment.