Section 21: Exclusion of proceedings in rem

21. Exclusion of proceedings in rem (1) Nothing in this Act shall authorise proceedings in rem in respect of a claim against the State, or the arrest, detention or sale of any of the State’s ships or aircraft, or of any cargo or other property belonging to the State, or give to any person any lien on any such ship, aircraft, cargo or other property. (2) (a) Where proceedings in rem have been instituted in the Supreme Court, or in a District Court, against any such ship, aircraft, cargo or other property, the Court may, if satisfied either on an application by the plaintiff for an order under this subsection or an application by the State to set aside the proceedings, that the proceedings were so instituted by the plaintiff in the reasonable belief that the ship, aircraft, cargo or other property did not belong to the State, order that the proceedings shall be treated as if they were in personam, duly instituted against the State in accordance with this Act, or duly instituted against any other person whom the Court regards as the proper person to be sued in the circumstances, and that the proceedings shall continue accordingly. (b) Any such order may be made on such terms, if any, as the Court thinks just, and where the Court makes any such order it may make such consequential order as it thinks expedient. [S. 21 amended by Act 48 of 1991.]