Mbeki's signature delays new sea transport bill

Alan Peat THE NEW sea transport bill - specifically designed to legislatively usher in the era of electronic transfer of sea transport documents - is still waiting for President Thabo Mbeki's signature. According to information from Carl Breisch, legal advisor in the SA Maritime Safety Authority (SAMSA), the bill currently resides at the Department of Transport (DoT) awaiting what he terms "the formality" of ministerial approval. "The next step," he told FTW, "is for the bill to be signed by the president, and then to be promulgated in the Government Gazette by proclamation." He has received no formal indication of why there should be any delay in passing this keenly-awaited bill which has been passed through its parliamentary stages without any objection. Breisch suspects, however, that it may be due to the currently continuous restructuring that has been taking place in the DoT. "With all the changes in staff," he said, "it may have slipped through a crack somewhere." But he has suggested to the Durban-based Maritime Law Association (MLA) that they write to the minister, and ask for clarification on what is causing the delay, at the same time prompting for its urgent approval. It is eagerly awaited not just for its electronic transfer enabling, but also to bring this section of SA law up to date. The new act, according to the legal team involved in drafting the bill, "will dramatically improve efficiencies, and streamline procedures". This because the SA courts have been battling in recent times, trying to apply now outdated laws to current situations. One example relates to the very basic document - the bill of lading - where the SA judiciary have had to apply the English Bills of Lading Act of 1855 to present day cases. This has been found unsatisfactory, both here and in the UK - but with the British version already having been repealed.