Transnet Limited t/a National Ports Authority v The MV Cleopatra Dream and Another

The appellant, Transnet Limited t/a National Ports Authority, is the statutory authority controlling the port of Saldanha Bay. On 2 April 2004, while the bulk carrier MV Cleopatra Dream was departing the port under compulsory pilotage and fully laden with iron ore, it suffered a catastrophic power failure within the port limits. The vessel drifted towards shallow water and Jutten Island. At the pilot’s request, Transnet’s tugs intervened and towed the vessel to a place of safety within the port. Transnet subsequently arrested the vessel and its cargo and claimed R10 million as a salvage reward. The respondents admitted the existence of a salvage operation and distress but denied liability for a salvage reward, contending that Transnet acted under statutory and common law duties and not voluntarily.

The appeal was dismissed with costs; Transnet was not entitled to a salvage reward.

The case clarifies the application of the voluntariness requirement in South African salvage law, particularly in relation to public authorities operating within their own ports. It authoritatively interprets article 5 of the 1989 Salvage Convention as deferring to national law and confirms that port authorities performing statutory and common law duties cannot claim salvage rewards for services rendered within port limits unless they go beyond those duties.