Stamp Duties Act, 1968 (Act 77 of 1968)
R 385
Sea Transport Documents Act, 2000 (Act No. 65 of 2000)3. Transfer of sea transport documents |
| (1) | A sea transport document may be transferred by the holder, either— |
| (a) | by delivery of the document, endorsed as may be necessary; or |
| (b) | subject to section 9(1)(a), through the use of a telecommunication system or an electronic or other information technology system. |
| (2) | A person is the holder of a sea transport document if that person is in possession of the original sea transport document, or possession of that document is held on that person’s behalf, and that person is— |
| (a) | the person to whom the document was issued; |
| (b) | the consignee named in the document; or |
| (c) | a person to whom the document has been transferred in accordance with subsection (1). |
| (3) | For the purposes of subsection (2), a person must be regarded as being in possession or as holding possession of an original sea transport document if— |
| (a) | the original document has been lost or cannot, for any reason, be produced by that person or on behalf of that person; and |
| (b) | that person or the agent of that person would be entitled to possession of the document if the original could be produced. |
