SOUTH AFRICAN MARINE INSURANCE LAW: THE CURRENT STATE OF OUR DRAFT MARINE INSURANCE BILL AND THE EFFECT OF ITS PROMULGATION ON THE SOUTH AFRICAN MARINE INSURANCE INDUSTRY

In 1997 a draft proposal for Marine Insurance Act was prepared as new South African statute in response to call the development of marine insurance by legal practitioners, academics, various members Maritime Law Association and other Underwriting bodies (the bill redrafted its main draftsman Adv Douglas Shaw QC). The legislation, tends adopt form structure English 1906 (6 Edw 7c 41), with minor differences. For instance, keeping law on insurance, excludes concept “uberrima fides”, which has been rejected an alien under law. It is essential legislature review status forms oldest part our well established maritime economy. Developments laws will enable Africa participate more meaningfully from legislative point view international arena. useful tool determining probable future direction developments however, this legislation not promulgated. possible underestimate usefulness such code since ten years have passed bill’s last re-draft. proposed article that there need codified perhaps should reopen debate consider it order hasten process promulgation. Further, if developed must be unique reflect balance between modern Roman-Dutch applied courts matters while concepts are also reflected purposes uniformity. However, capturing dichotomy proves against trends, best way forward promulgate existing is. What achieved end lose research being “Cinderella” all insurances positive govern specifically Act.