Illegal arms shipment results in R50 000 fine

‘Ignorance of law no excuse’ SHIPPING LINES using South African ports, as well as maritime lawyers, will have sat up and taken notice of a recent court case heard in Port Elizabeth, in which a leading shipping company was found guilty of illegally shipping armaments through South Africa. P&O Nedlloyd was found guilty in terms of the National Conventional Arms Control Act, and fined R50 000, of which half was suspended for five years. The case resulted from the discovery on board the P&O Nedlloyd Surat in Port Elizabeth harbour of a consignment of undeclared munitions and ammunition, consisting of armour piercing shells, incendiary ammunition and more than a million rounds of rifle, shotgun and handgun ammunition, which was in transit from Brazil to Mauritius and Saudi Arabia. P&O Nedlloyd personnel readily assisted police with their investigation even to the extent of confessing that two other ships, P&O Nedlloyd Dejima and MOL Miracle, had recently carried similar cargo. A Durban maritime attorney pointed out that information about the Act, which was revised last year and which states that permits to convey the armaments though South African territory (the ports) must be obtained, was freely available on government websites. “The law says that no weapons or arms in transit to other countries may be conveyed across South African territory without the authority of and in accordance with the conditions stated in a permit issued by the Minister
of Defence. ‘Convey’ is
defined to expressly include situations where the arms are conveyed in or through SA but not unloaded.” When FTW canvassed a number of international ship operators, most claimed to be fully aware of the regulation. “It’s very strict and even applies to certain car components such as airbags because they contain detonators,” said one. Another told FTW that even the harbour regulations covered this issue. Chapter five of Harbour Regulations states quite unequivocally that "..ships with explosives on board in transit by sea for a port outside the Republic may not enter any port in the Republic.” The regulations make provision for exceptions, which are carefully spelled out. Armament shipments through South African ports are from all accounts an unusual event. There’s no doubt now, however, that following the Port Elizabeth court case even greater vigilance will be shown.