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DECLARATIONS
LODGED BY THE REPUBLIC OF SOUTH AFRICA UNDER THE CAPE TOWN CONVENTION AT THE TIME OF THE DEPOSIT OF ITS INSTRUMENT OF RATIFICATION

 

 

(i) Form No. 1 (Specific declaration under Article 39(1)(a))

 

Pursuant to Article 39(1)(a) of the Convention the Republic of South Africa declares that all categories of non-consensual rights or interests which under South African law have and will in the future have priority over an interest in an object equivalent to that of the holder of a registered international interest shall to that extent have priority over a registered international interest.

 

 

(ii) Form No. 4 (General declaration under Article 39(1)(b))

 

Pursuant to Article 39(1)(b) of the Convention the Republic of South Africa declares that nothing in the Convention shall affect its right or that of any entity of that State, any Intergovernmental Organization or other private provider of public services to arrest or detain an object under its laws for payment of amounts owed to The Republic of South Africa, any such entity, Organization or provider directly relating to the services provided by it in respect of that object or another object.

 

 

(iii) Form No. 6 (Declaration under Article 40)

 

The Republic of South Africa declares that the following categories of non-consensual right or interest:

 

(a) rights of a person obtaining a court order permitting attachment of an aircraft object in partial or full satisfaction of a legal judgment; and

 

(b) liens or other rights of a state entity relating to taxes or other unpaid charges-

 

shall be registerable under the Convention as regards any category of object as if the right or interest were an international interest and hall be regulated accordingly.

 

 

(iv) Form No. 13 (Mandatory declaration under Article 54(2))

 

The Republic of South Africa declares that any remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without court action and without leave of the court.

 

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Declarations lodged by the Republic of South Africa under the Aircraft Protocol

 

 

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