Bill of lading revision will bring SA in line with the rest of the world

THE NEXT session of Parliament is expected to see through the first South African Bills of Lading Act, according to Shane Dwyer, maritime legal specialist at Shepstone & Wylie in Durban.
This was necessary because of the lack of legal provisions on bills of lading (BoL) in the SA-modified version of the English Maritime Act - an Act which dates its birth to 1855, and which provides the foundations for the SA maritime regulations.
Because this section of the laws of the seas was missing we had the internationally untenable situation of SA common law effectively contradicting a main aspect of BoL legislation in most parts of the world.
In SA common law the holder of the BoL is not bound by the terms in that bill - although he does have title to sue.
This led to all sorts of problems related to the rights of various parties in transactions - as well as those of insurers.
We are creating something that exists in most countries in the world, said Dwyer.
In its creative procedure, the draft bill met with some argument when put before its public for comment.
At the Maritime Law Association there was a workshop where objections were raised, said Dwyer. It then went back to the drafting committee, and we are presently awaiting the final amended draft.
The new legislation will not only bring SA into line with international trends - it will also provide rulings related to new technology, such as the electronic transmission of documents.
It also provides for EDI (electronic data interchange), said Dwyer, making it valid transfer of title.
By Alan Peat