Government in ‘listening mood’

STAKEHOLDERS IN the maritime industry have been granted a two-month reprieve before they have to make their final comments on the department of transport (DoT) draft of its new maritime policy. The original deadline for final stakeholders’ comments suggested by the SA Maritime Safety Authority (Samsa) – which assembled the new draft for the DoT – was last week. “But the Maritime Law Association (MLA) negotiated a two-month investigation period at last week’s Durban meeting between stakeholders and the department,” said Andrew Robinson, maritime lawyer at Deneys Reitz, and president of the MLA “Our final suggestions and recommendations now have to be submitted to the department by October 27.” And the DoT and Samsa were in a listening mood, according to Robinson. Delegates at last week’s workshop in Durban and seminar in Cape Town – with the August 27 Cape date that original deadline for final comments – were able to talk from the floor, he told FTW. “The DoT has realised that it can’t expect government to promulgate maritime legislation until such time as Government has formulated an overall policy,” he said, “and the authorities are now working purposefully towards nailing down the policy issues. “There is also a suggestion that DoT will put in provisions which will allow international maritime legislation to be dealt with expeditiously.” The DoT has also agreed to put up an updated draft Maritime Transport Policy on its website from September 5 – taking into account the issues raised at the two meetings, according to Robinson OF THE department of transport’s (DoT’s) new SA maritime policy, about 70%-80% is relatively uncontentious, and the remaining 20% is somewhat contentious, according to FTW’s maritime legal contacts. Tony Norton of Garlicke & Bousfield and of the National Port Users Forum (NPUF), and Andrew Robinson of Deneys Reitz and president of the Maritime Law Association (MLA), both agreed. Although protectionist mechanisms are built into the current policy draft, they are not finally decided and fixed. The department of transport, they told FTW, has suggested certain protectionist mechanisms, but they have left them open for discussion with the maritime industry stakeholders, and they will only be finalised once the stakeholders have had their say. “It’s really part of an old debate,” said Norton. “With some saying that protectionist measures will interfere with a cheap, freeflow of trade – all in order to build a national fleet.” These two elements may not be compatible and proper economic research needs to be conducted, he added. There is a restrictive element in the policy – where forwarders and traders would find themselves with little freedom of choice on which carrier to use. The policy suggestion – designed to encourage the building of a national fleet – requires shippers to only use national carriers. According to Norton, what the DoT has done is said: “Listen, we are going to consider a little more coercive means to build a national fleet, if necessary.” One suggestion is: No SA flag, no cargo between SA ports – in other words, cabotage. “They are not saying they’re doing it,” said Norton, “but they are considering it.” There is also a suggestion of cargo reservation – where a percentage, or all, cargo is reserved for carriage on SA ships. That’s no new concept, according to Norton, with a number of countries around the world – and particularly in Africa – trying to use some form of reservation. It also follows the same lines as the Organisation of African Unity (OAU) maritime transport charter – and signed in Addis Ababa as long ago as July, 1994. Said Salim Ahmed Salim, the then secretarygeneral of the OAU: “For some time now, a number of African countries have made laudable efforts to develop their maritime transport sector. However, in spite of these efforts the sector remains relatively undeveloped in comparison to other developing countries. “I am therefore urging all member states of the OAU to sign and ratify the African charter on maritime transport with the strong belief that it will foster co-operation among African countries in maritime transport – and thus promote the development of this vital sector.” “But,” Norton told FTW, “the problem is that it’s protectionist policy – and arguably pushes up costs.” Both our maritime legal beagles stressed that everyone in the shipping industry should consider and comment on the protectionist mechanisms in the SA policy draft as soon as possible. There’s only two months in which the SA maritime stakeholders can have their say, with the MLA due to hand in its final decisions to the DoT no later than October 27.