Mandating Procedures of Provinces Act, 2008
R 385
Sea Transport Documents Act, 2000 (Act No. 65 of 2000)8. Persons acting in bad faith |
| (1) | Nothing in section 3, 4, 5, 6 or 7 entitles any person in possession of a sea transport document or any person making delivery of any goods to which a sea transport document relates to any right or to any defence to or discharge from any obligation if, at the time when that person acquired possession of the document or made that delivery— |
| (a) | in the case of a person acquiring possession, that person knew or had reasonable grounds for believing that— |
| (i) | the goods to which the document related had not been shipped or received for shipment; or |
| (ii) | the person from whom possession was acquired had no right to transfer the document or any right thereunder; or |
| (b) | in the case of a person making delivery, that person knew or had reasonable grounds for believing that the person to whom delivery was made had no right to receive delivery. |
| (2) | The onus of proving that subsection (1)(a) or (b) applies is on the person alleging its application. |
