DECLARATIONS

LODGED BY THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA UNDER THE CAPE TOWN CONVENTION AT THE TIME OF THE DEPOSIT OF ITS INSTRUMENT OF RATIFICATION IN RESPECT THEREOF

(i) Form No. 1 (specific opt-in 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 opt-in 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 (opt-in 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.


DECLARATIONS

LODGED BY THE GOVERNMENT OF THE REPULIC OF SOUTH AFRICA UNDER THE AIRCRAFT PROTOCOL AT THE TIME OF THE DEPOSIT OF ITS INSTRUMENT OF RATIFICATION IN RESPECT THEREOF

(i) Form No.19 (opt-in declaration Under Article XXX(1) in respect of Article VIII)

The Republic of South Africa declares that it will apply Article VIII.

(ii) Form No. 21 (opt-in declaration XXX(2) in respect of Article X providing for the application of the entirety of the latter)

The Republic of South Africa declares that it will apply Article X in its entirety and that the number of working days to be used for the purposes of the time limit laid down in Article X(2) shall be, in respect of the remedies specified in Articles 13(1)(a), (b) and (c) of the Convention (preservation of the aircraft objects and their value; possession, control or custody of the aircraft objects; and immobilization of the aircraft objects), not more than ten (10) calendar days and, in respect of the remedies specified in Articles 13(1)(d)-(e) of the Convention (lease or management of the aircraft objects and the income thereof and sale and application of proceeds from the aircraft equipment), not more than thirty (30) calendar days.

(iii) Form No. 23 (general opt-in declaration under Article XXX(3) in respect of Article XI providing for the application of Alternative A in its entirety to all types of insolvency proceeding)

The Republic of South Africa declares that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceeding and that the waiting period for the purposes of Article XI(3) of that Alternative shall be thirty (30) calendar days.

(iv) Form No. 26 (opt-in declaration under Article XXX(1) in respect of Article XII)

The Republic of South Africa declares that it will apply Article XII.

(v) Form No.27 (opt-in declaration under Article XXX(1) in respect of Article XIII)

The Republic of South Africa declares that it will apply Article XIII.


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