However, the plot thickens as South Africa lays claim to the silver in 2018, leading to a declaration of ownership by the U.K. receiver of the wreck. Argentum, anticipating a lucrative salvage award, finds itself entangled in a legal labyrinth, challenging South Africa’s claim of state immunity.
The Legal Labyrinth: Navigating the Intricacies of Sovereign Immunity
Smith’s argument in the courtroom was like a finely spun web, challenging the notion that the mere act of transportation under a commercial contract imbues the cargo with a commercial character. He critiqued the Court of Appeal’s interpretation, emphasizing the nuanced distinction in the law between different types of legal claims, particularly those “in rem” — against the ship itself.
On the other side, Stephen Hofmeyr KC, representing Argentum, distilled the case to a fundamental question of statutory interpretation. He probed the boundaries of what it means for cargo to be “in use for commercial purposes,” challenging South Africa’s narrow interpretation.
South Africa Seeks Immunity Over Salvage Claim : The Supreme Court’s Crucible
The hearing, held before a panel of esteemed justices, promises to continue with the same intensity. The outcome of this case is poised to set a precedent, potentially reshaping the landscape of sovereign immunity and salvage rights in international maritime law.
