335.

Method of detaining a vessel or a share in a ship or goods 

 
(1)  A proper officer may cause a vessel or a share in a ship or any goods which by this Act is declared to
be liable to detention, to be detained.  
[Subs. (1) substituted by s. 14 of Act 23/1997]
 
 
(2)  The detention shall be effected by the service of a notice of detention in accordance with the
provisions of this section.  
 
(3)  A notice of detention shall be in the prescribed form, shall be signed by the proper officer, shall
declare that the vessel or share or goods are thereby detained, and shall set forth the grounds of
detention.  
 
(4)  A notice of detention of a vessel or share in a ship shall be served upon the master of the vessel, and a
notice of detention of goods shall be served upon the person in whose physical possession they are,
and thereupon the vessel or share or goods shall be deemed to be detained for the purposes of this Act.
 
(5)  A copy of every notice of detention shall forthwith be transmitted by the officer who issued it to the
Authority.  
 
(6)  Whenever the Authority directs the proper officer to release a detained vessel or share in a ship or any
detained goods, the proper officer shall issue a notice declaring that that vessel or share or those goods
are released.  
 
(7)  A notice of release shall be in the prescribed form and shall be signed by the proper officer.  
 
(8)  A notice of release of a vessel or a share in a ship shall be served upon the master of the vessel, and a
notice of release of goods shall be served upon the person in whose possession they are, and
thereupon the vessel or share or goods shall be deemed to be released.  

336. Procedure in forfeiture of a ship, a share in a ship or goods 

 
(1) Whenever under Subsection (2) of section twelve Subsection (9) of section forty-three or
section three hundred and thirty-four a ship or a share in a ship is or any goods are liable to
forfeiture, the Authority may direct the proper officer to issue a notice of forfeiture of that ship
or share or those goods in pursuance of that provision.  
 
(2) A notice of forfeiture shall -  
(a)   be in the prescribed form;  
(b)   be signed by the proper officer;  
(c)   set forth the grounds on which, and refer to the provisions of this Act under which, the
forfeiture is claimed; and  
(d)   state that unless the ship or share is or the goods are released in accordance with the
provisions of Subsection (8) or under an order of court, the ship, share or goods will be
forfeited;  
(e)   be served, in the case of a ship or share in a ship, upon the master of the ship, and, in the
case of goods, upon the owner or if he is not within the Republic or his address is not
known, upon the person in whose physical possession they are.  
  
(3) The owner or any other person interested in any ship, share in a ship or goods in respect of
which a notice of forfeiture has been issued, who objects to the forfeiture thereof, shall, within
the period of thirty days from the date upon which the notice of forfeiture was served, or within
such further period as may be fixed by the court under Subsection (7), give notice in writing to
the Authority or to the proper officer who issued the notice, that he claims the release of the
ship, share or goods, as the case may be.  
 
(4) If notice is not given by the owner or interested person in terms of Subsection (3), no legal
proceedings shall thereafter be instituted by him against the State, the Minister, the Authority,
the Authority or any other officer for the release of the ship, share or goods or based merely
upon the detention, seizure or forfeiture thereof.  
[Subs. (4) substituted by item 44 of Schedule to Act 5/1998]
 
 
(5) When notice has been given in terms of Subsection (3), the person giving such notice may,
within the period of ninety days from the date on which it was delivered to the Authority, or
within such further period as may be fixed by the court under Subsection (7), but not earlier
than thirty days from the date upon which the said notice was so delivered, institute proceedings
in a court of competent jurisdiction for the release of the ship, share or goods.  
 
(6) If -  
(a)   notice is not given in terms of Subsection (3); or  
(b)   such notice having been given, proceedings are not instituted in terms of Subsection (5); or
(c)   such proceedings having been instituted, the court dismisses the claim for release,  
the ship, share or goods shall be forfeited and become the property of the State -  
(i)   upon expiry of the period of thirty days from the date upon which the notice of
forfeiture was served, or upon expiry of such further period as may be fixed by the
court under Subsection (7); or  
(ii)   upon expiry of the period of ninety days from the said date, or upon expiry of such
further period as may be fixed by the court under Subsection (7); or  
(iii)  upon dismissal by the court of the claim for release,  
respectively.  
 
(7) A court having jurisdiction to try a claim for the release of the ship, share or goods, may, before
or after the expiry of the period referred to in Subsection (3) or (5), extend such period, if it
thinks that the interests of justice so require.  
 
(8) The Authority may at any time before the forfeiture has become effective in terms of
Subsection (6) direct that a notice of forfeiture be withdrawn, and thereupon the provisions of
Subsections (6), (7) and (8) of section three hundred and thirty-five shall, mutatis mutandis,
apply.  
 

337. Seizure of a ship, a share in a ship or goods detained or liable to forfeiture 

 
(1) The Authority or proper officer may, if it or he deems it expedient to do so, in order that any
ship, share in a ship or goods in respect of which a notice of detention or of forfeiture has been
served in terms of section three hundred and thirty-five or threehundred and thirty-six, or in
 respect of which it is intended to cause such a notice to be so served, may be secured against
damage, destruction, concealment, removal or rescue, cause that ship or share of those goods, as
the case may be, to be seized by a person thereto authorized for the purpose.  
[Subs. (1) substituted by item 45 of Schedule to Act 5/1998]
 
 
(2) The seizure of a ship or goods shall be effected by the physical taking possession thereof, and
the seizure of a share in a ship shall be effected by the physical taking possession of that ship.  
 
(3) The person effecting seizure of any ship, share in a ship or goods shall, upon demand, exhibit
his written authority to do so, and, if at the time of seizure a notice of detention or forfeiture has
not yet been served, shall serve upon the person in whose possession the ship or goods are
seized a notice setting forth that it is intended to cause a notice of detention or forfeiture to be
served and the grounds on which that intention is based.