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As we pointed out in the spring 2013 edition of the Alert Diver, even being a dive buddy has potential legal implications. So, to bump this up a notch, what about the diver training organisations themselves? Where do they stand? How do they relate to South African law? Are they all considered the same under our legal system in spite of the differences in organisational structures and training programmes? How does this affect their respective instructors and trainee divers from a legal perspective? These are not exactly simple questions. It is certainly true that the respective training organisations differ in a number of ways. However, this does not imply that there are necessarily differential legal implications for each of them. In fact, under South African law, the legal principles are common in all matters. Therefore, if you suffer a loss and you (or your estate in the case of a fatality) wish to recover damages, the legal principles would be applied commonly; whether you are driving or diving. Although not a frequent occurrence, there have been quite a number of law suits associated with diving injuries and damages in South Africa. This is not surprising, as the occurrence of law suits is really a function of “numbers”. As training increases, so do the chances of injuries and, with it, the chances of legal recourse. So, it remains wise to insure yourself, your equipment or your business in a proper and effective way. But before getting back to the potential differences amongst the training agencies, let’s first explore the foundational legal principles on which any civil claim would be adjudicated: inherent risk, negligence and duty to take care.

As we pointed out in the spring 2013 edition of the Alert Diver, even being a dive buddy has potential legal implications. So, to bump this up a notch, what about the diver training organisations themselves? Where do they stand? How do they relate to South African law? Are they all considered the same under our legal system in spite of the differences in organisational structures and training programmes? How does this affect their respective instructors and trainee divers from a legal perspective? These are not exactly simple questions.
It is certainly true that the respective training organisations differ in a number of ways. However, this does not imply that there are necessarily differential legal implications for each of them. In fact, under South African law, the legal principles are common in all matters. Therefore, if you suffer a loss and you (or your estate in the case of a fatality) wish to recover damages, the legal principles would be applied commonly; whether you are driving or diving.
Although not a frequent occurrence, there have been quite a number of law suits associated with diving injuries and damages in South Africa. This is not surprising, as the occurrence of law suits is really a function of “numbers”. As training increases, so do the chances of injuries and, with it, the chances of legal recourse.
So, it remains wise to insure yourself, your equipment or your business in a proper and effective way. But before getting back to the potential differences amongst the training agencies, let’s first explore the foundational legal principles on which any civil claim would be adjudicated: inherent risk, negligence and duty to take care.

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HOW TO DIVE IT<br />

TEMPERATURE<br />

Expect air temperatures<br />

of 79-86°F and water<br />

temperatures of 82-85°F<br />

year round. A 3mm wetsuit is<br />

generally sufficient, even for<br />

four dives per day.<br />

CURRENCY<br />

Get just enough Maldivian<br />

rufiyaa (MVR) for island tipping<br />

and pocket change. Most<br />

restaurants, hotels, car-rental<br />

companies and shops accept<br />

major credit cards. Banks<br />

accept 2004 or newer U.S.<br />

dollars and euros with no tears,<br />

rips or markings.<br />

SEASONS<br />

The prime diving season<br />

is from November to April,<br />

although dive tourism is now a<br />

year-round attraction.<br />

DHONI DIVING<br />

Most liveaboards operate in<br />

tandem with a traditional<br />

dhoni, typically a 50- to<br />

60-foot yacht with diesel<br />

engines that houses the<br />

compressors for air and<br />

nitrox fills as well as most<br />

Raa<br />

Atoll<br />

Baa<br />

Atoll<br />

Rasdhoo<br />

Atoll<br />

North Ari<br />

Atoll<br />

South Ari<br />

Atoll<br />

Shaviyani<br />

Atoll<br />

of the dive gear (though not<br />

cameras). Guests step from<br />

the mother ship to the stable<br />

and spacious dhoni (usually<br />

in calm water) for transport to<br />

the nearby dive site.<br />

CURRENTS<br />

Each diver should carry and<br />

know how to deploy a surface<br />

marker buoy. Also recommended<br />

are a personal air horn, mini<br />

strobe light and a radio or GPS<br />

locator. Most divers carry a reef<br />

hook as well.<br />

ALCOHOL<br />

Alcohol is generally prohibited<br />

in the Republic of Maldives.<br />

There are no liquor stores<br />

or bars where it can be sold<br />

or consumed, and tourists<br />

may not bring alcohol into<br />

the country with them. All<br />

incoming luggage (including<br />

carry-on bags) are X-rayed,<br />

and authorities will confiscate<br />

any liquor found. There is a<br />

specific exception for licensed<br />

tourist operations catering to<br />

international clientele.<br />

DEPTH<br />

By federal law, scuba divers<br />

may not dive deeper than 30<br />

meters (98 feet).<br />

This tends not<br />

to be a problem<br />

because the<br />

seafloor at<br />

most dive sites<br />

Noonu<br />

Atoll<br />

Lhaviyani<br />

Atoll<br />

North Malé<br />

Atoll<br />

is around that<br />

depth.<br />

the region. The first was at North Ari Atoll<br />

among the sharks of Rasdhoo Ridge. Here<br />

we dropped onto the ridge, which topped<br />

out at about 60 feet, spread out and waited<br />

for the gray reef sharks swimming in the<br />

blue to approach us. We were advised to<br />

not swim toward the sharks, as this tends<br />

to keep them away; gratefully, everyone<br />

rigidly adhered to the directive. The result<br />

was sharks that came within 6 feet of us and<br />

occasionally as close as 4 feet. There was no<br />

bait in the water, just a calm interaction with<br />

a beautiful species of shark.<br />

The day began with a high-voltage shark<br />

dive and ended with a mellow night dive at<br />

Maaya Thila. Rising to a depth of 22 feet, this<br />

thila was small enough to circumnavigate a<br />

couple of times in the course of a 60-minute<br />

dive. The most significant photo ops were<br />

sleeping turtles, marbled rays, free-swimming<br />

morays and lionfish.<br />

Fish Head is another marine reserve, also<br />

on North Ari Atoll. The site was named<br />

during an era when local fishermen were<br />

likely to bring nothing but a fish head<br />

onboard, so ravenous and plentiful were<br />

the sharks. While the area may not be as<br />

shark infested as in days of yore, we were<br />

still able to perch atop a rocky knoll at 60<br />

feet and watch a half dozen gray reef sharks<br />

pass to and fro, edging ever closer as we<br />

remained motionless. A massive school of<br />

bluestripe snapper was at 90 feet, and were<br />

I not reluctant to have my bubbles disrupt<br />

the shark action, I would’ve loved to drop<br />

into their midst. But it was just as well — at<br />

the top of the reef in only 30 feet of water<br />

was another school. Once I’d filled the frame<br />

with 100 fish, it didn’t really matter that<br />

there were 500 somewhere else.<br />

We had come southward specifically for<br />

manta rays. At certain times of the year<br />

mantas are abundant in the north as well,<br />

but this was February, and the dive staff<br />

knew that for us to interact with mantas we<br />

would do well at the manta cleaning stations<br />

at North Ari Atoll. The first we tried was<br />

Himendhoo Rock. The plan was to swim<br />

to a small coral bommie that hosted the<br />

cleaner wrasses that drew in the mantas.<br />

We saw one manta on a flyby, but despite<br />

70 | SPRING <strong>2016</strong>

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