De Beers Marine (Pty) Ltd v Harry Dilley (Pty) Ltd

De Beers Marine (Pty) Ltd owned an autonomous underwater vehicle (AUV) used in offshore mining operations. In 2017 it chartered a work boat, MV Nkwaza, from Harry Dilley (Pty) Ltd (HD) to assist with sea trials in False Bay. During the trials the AUV suffered a communication failure and was washed ashore on rocks near Simon’s Town. HD’s vessel transported divers to the site, the AUV was refloated, and the Nkwaza towed it into harbour. HD claimed that these services constituted a voluntary salvage operation and sued for a salvage reward of several million rand. De Beers contended that the services were rendered under the existing charter contract and did not qualify as salvage.

The appeal succeeded in part. The High Court order was set aside and replaced with an order fixing a salvage reward of R80 000, together with interest from date of summons. HD was ordered to pay the costs of the action in the High Court, while each party was ordered to bear its own costs of appeal.

The case clarifies the application of the International Convention on Salvage, 1989 in South African law, particularly the distinction between contractual towage and voluntary salvage services. It reaffirms that salvage rewards must be proportionate to the actual services rendered and not driven primarily by the value of the property saved. The judgment provides important guidance on appellate interference with salvage awards and the interpretation of article 13(1).