Related documents
- Is amended by The Statute Law Revision and Civil Procedure Act, 1875
- Is amended by Statute Law Revision and Civil Procedure Act, 1881
- Is commenced by Colonial Courts of Admiralty Act, 1890

Admiralty Court Act, 1861
Chapter 10
- Commenced on 17 May 1861 by Chapter 27
- [This is the version of this document from 27 August 1881 and includes any amendments published up to 6 October 2022.]
- [Amended by The Statute Law Revision and Civil Procedure Act, 1875 (Chapter 66) on 11 August 1875]
- [Amended by Statute Law Revision and Civil Procedure Act, 1881 (Chapter 59) on 27 August 1881]
See Freiremar SA v The Prosecutor-General of Namibia & Another 1996 NR 18 (HC) at 28A-C: “As was correctly found by Levy J the South African Admiralty Jurisdiction Regulation Act, Act 105 of 1983 does not apply to Namibia. However, prior to Act 105 of 1983 Admiralty Jurisdiction was exercised by South African Courts by virtue of the provisions of s 2 of the Colonial Courts of Admiralty Act 1890. (See in this regard Trivett & Co (Pty) Ltd and Others v Wm Brandt's Sons & Co Ltd and Others 1975 (3) SA 423 (A).) The provisions of the Colonial Courts of Admiralty Act 1890 was [sic] therefore part of the statute law of the Cape of Good Hope when by s 1(1) of Proc 21 of 1919 the law as existing and applied in that province was introduced into the then South-West Africa. (See further R v Goseb 1956 (2) SA 696 (SWA). S v Redondo 1992 NR 133 (SC) also 1993 (2) SA 528 (NmS) and The Law of Shipping and Carriage in South Africa, 3rd ed by Bamford, p 4 footnote 27.) In cases such as Tittel v The Master of The High Court 1921 SWA 58 and Krueger v Hoge 1954 (4) SA 248 (SWA) it was decided that statutes which applied in the Cape as at 1 January 1920 also apply in South-West Africa by virtue of the provisions of Proc 21 of 1919. This was again reaffirmed in the Redondo case supra at 150 (NR) and 539I-540B (SA). Admiralty law as applied by the Colonial Courts of Admiralty Act, 1890, is therefore part of the Namibian law.”
TRANSFER TO SOUTH WEST AFRICA: The administration of admiralty law does not appear to have been transferred to South West Africa.
In South Africa, the Colonial Courts of Admiralty Act, 1980 was repealed in so far as it relates to prizes by the Prize Jurisdiction Act 3 of 1968 (RSA GG 2000). This Act was made applicable to South West Africa by section 6, which states “This Act and any amendment thereof shall apply also in the territory of South-West Africa, including the Eastern Caprivi Zipfel referred to in section 3 of the South-West Africa Affairs Amendment Act, 1951 (Act No. 55 of 1951), and in relation to all persons in that portion of the said territory known as the "Rehoboth Gebiet" and defined in the First Schedule to Proclamation No. 28 of 1923 of the said territory.” However, Act 3 of 1968 never came into force in respect of South Africa or South West Africa.
The Colonial Courts of Admiralty Act, 1980 was repealed “in so far as it applies in relation to the Republic, except in so far as it relates to prize matters”, by the Admiralty Jurisdiction Regulation Act 105 of 1983 (RSA GG 8891) – which was not made applicable to South West Africa.]ACTAn Act to amend the Law respecting the exercise of Admiralty Jurisdiction in Her Majesty’s Dominions and elsewhere out of the United Kingdom.BE IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:[Capitalisation throughout is reproduced as it appears in the British law, as published on the UK Government website: www.legislation.gov.uk.]