Ignorance of the Law |
Publication | Cape Times |
Date | 2003-10-21 |
Reporter |
Chriss Bennett |
Web Link |
I am once again intrigued by Terry Crawford-Browne's logic, or should I say lack thereof.
In recent times he has reiterated his belief that the rand will fall to R30 to the US dollar or less in the next 10 years.
With the rand growing stronger, I can only assume he bases this assumption on the belief that he will win his pie-in-the-sky case to cancel the arms deal, thus causing the rand to go into free fall as the international world takes action to withdraw from existing contracts and refuse to enter into any new ones with a state that does not honour contracts.
In a report, "Judge sets cut-off date for bid to cancel arms deal" (Cape Times, October 17), one notes that Crawford-Browne appeared for himself in trying to get an interdict to prevent SAS Amatola entering South African territorial waters.
Again I wonder, was this possibly because his lawyer has more knowledge of the law and international practice than his client and did not wish to appear foolish in front of his peers?
As the Afrikaans saying puts it: die koël is deur die kerk. In case Crawford-Browne does not understand, this means that it is too late anyway.
In generally accepted international practice every warship is automatically the national territory of the owner state and remains so as long as it is in commission and under command of a recognised commissioned officer of that navy, no matter where she may be.
From the moment the Amatola was handed over on completion of the builder's sea trials and a commissioned officer of the SA Navy took command, she changed her status and became a recognised warship of the SA Navy, known as SAS Amatola.
The fact that this change of status took place in Germany makes no difference, and the ship immediately and formally became recognised by international common law as South African territory.
Preventing her entering South African territorial waters cannot change her new legal status in the eyes of the law and of the world and any such interdict would be pointless.
Chris Bennett Rear Admiral SA Navy, Retired
With acknowledgements to Chris Bennett and the Cape Times.