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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.