Abstract

The South African National Ports Act 12 of 2005 imposes on pilots a duty of good faith while undertaking their pilotage duties. Without providing any clear guidelines. This is a departure from the previous position, which held pilots liable for gross negligence. An additional change in the South African position is that maritime pilots are now deemed to be employees of the relevant shipping company, while on board, for the duration of the service being rendered. Transnet and the harbour master take no responsibility for accidents within ports which are attributable to pilot error. This new approach to maritime compulsory pilot liability does not align with the English common-law and American legislative approaches. This short paper focuses on the implications of this new legislative approach, touching on the meaning of good and bad faith within the context of relevant international and domestic legislation, case law and recommendations by the International Maritime Organization (IMO).