A critical review of Maritime legislation in Namibia

Abstract

Abstract provided by author

During the colonial period, Namibia applied the English Maritime Law that was inherited from the Cape of Good Hope upon the formal occupation by South Africa through the Administration of Justice Proclamation of 1919.The Colonial Courts of Admiralty Act of 1890 which was applicable in the Cape at the time became applicable to Namibia as well. During the 19th century various countries enacted maritime legislation to keep in line with the changing legal environment in the shipping law. The changing trend in maritime environment was also necessitated by the various international agreements and UN Conventions. At independence, Namibia acceded to various UN Conventions. The UN Conventions require that Parties should enact domestic legislations that give effect to the Conventions. Namibia has not yet enacted admiralty legislation in this regard. The Colonial Courts of Admiralty Act of 1890 which is still applicable to Namibia as far as maritime matters are concerned is outdated and cannot deal with admiralty cases effectively