Twende Africa Group (Pty) Ltd t/a TAG Marine v MFV Qavak

Fisherman Fresh CC purchased the fishing vessel MFV Qavak from an Irish company, C & M Donohue Fishing Ltd, in August 2017. Twende Africa Group (Pty) Ltd t/a TAG Marine (TAG), a shipbroker, had advertised the vessel for sale on its website without authority from the owner. Fisherman Fresh responded to the advertisement and communicated with TAG regarding a possible purchase. TAG facilitated exchanges of offers but no express agreement was concluded between TAG and Fisherman Fresh for the payment of commission. After the sale was concluded through another broker, TAG arrested the vessel in Port Elizabeth, claiming broker’s commission or, alternatively, damages based on breach of an alleged brokerage or exclusivity agreement, or unlawful interference with its alleged contract with the seller. Fisherman Fresh successfully applied in the High Court for the release of the vessel, and TAG appealed to the Supreme Court of Appeal.

The appeal was dismissed with costs, and the High Court’s order releasing the vessel from arrest was upheld.

The case reaffirms fundamental principles of South African agency and maritime law regarding a broker’s entitlement to commission, particularly in the context of ship बिक्री and arrests in rem. It underscores that brokers act at their own risk if they engage in transactions without a clear mandate or agreement on commission, and clarifies the evidentiary burden for sustaining a maritime arrest under the AJRA.