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The Admiralty Jurisdiction Regulation Act 105 of 1983 was a radical and far-reaching, as well as overdue, modernisation of South African admiralty law. Described as 'bold, innovative and comprehensive', it introduced - for the first time anywhere in the world - the provisions enabling an action to be pursued by way of the arrest of an associated ship rather than the ship in respect of which the claim lay. This work, by one of South Africa's pre-eminent shipping lawyers, analyses the nature of this novel action. That involves a review of how the jurisdiction came about; its nature and impact; the problems to which it gives rise and the making of some modest suggestions concerning the road ahead.
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Malcolm Wallis holds the degrees BCom, LLB (cum laude) and PhD. He practised as an advocate for 35 years at the KwaZulu-Natal Bar, the last 23 years as a silk, before his appointment to the bench in 2009. He had a substantial maritime practice and appeared in many leading shipping cases in the Supreme Court of Appeal. He also had a wide-ranging practice in other areas and appeared in over 100 SCA appeals and a number of cases in the Constitutional Court. He was the chairman of the General Council of the Bar and of the Forum for Barristers and Advocates of the IBA, as well as vice-chairman of the Bar Issues Commission of the IBA. In addition, he was active in a number of areas of public life. Since his appointment to the Bench he has held acting appointments in the SCA and Competition Appeals Court and is a member of the Labour Appeal Court. He and Janet have been married for 33 years and have 3 children.
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