Salvage claims by parties acting in the course and scope of statutory duties: MV “Cleopatra Dream”

Bowman Gilfillan successfully acted for the defendant in the reported matter of the mv “Cleopatra Dream”.

The plaintiff, Transnet Limited (“Transnet”), the state controlled national port operator in South Africa, claimed salvage against the defendant, the mv “Cleopatra Dream” and cargo for coming to her aid in a time of distress. While within port limits and under the direction of a pilot employed by Transnet the vessel experienced a power failure. She was drifting towards shallow water and the pilot requested harbour tug assistance.

The court found that, given Transnet’s statutory duties within port limits, including its duty to keep the port area safe for shipping traffic, it could not be said to have assisted the distressed vessel voluntarily. Furthermore, it was also material that the vessel was under mandatory pilotage by Transnet pilots who were under a statutory duty to use tugs and other means at their disposal to ensure that the vessel and the port area remained safe, both for the vessel and for other shipping traffic. 

That court confirmed the principle that only in cases where the assistance provided exceeds the bounds of any duty imposed by statute or the common law would the public authority be able to claim salvage. The reason for this is that only in those circumstances where the authority has exercised a discretion to act beyond the scope of its duty can its actions be said to meet the requirement of voluntariness. This is in keeping both with the relevant national legislation and the Salvage Convention, incorporated into South African law by the Wreck and Salvage Act.

Gavin Brown
Associate

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