PCCs will give a voice to the industry

There is considerable urgency surrounding the formation of the national and regional port consultative committees (PCCs), according to Andrew Thomas, CEO of Ocean Africa Container Lines (OACL) and chairman of the SA Association of Ship Operators and Agents (Saasoa). These are vital advisory bodies, he said, linking the private and public sectors on all matters related to port operations and development – and give a voice to all the companies and bodies involved in the maritime freight industry. It’s all part of the same concept as the port regulator – with the legislation behind both the regulator and the PCCs incorporated in the new National Ports Act (NPA), No 12 of 2005. “They were both empowered four years ago,” said Thomas. “And, although the port regulator has been up and running since August 6, we are still left waiting for the deployment of these PCCs.” The legislative concept of the PCCs was defined for FTW by Tony Norton of lawyers, Garlicke & Bousfield, who acts as a legal adviser for the SA shipping industry and is chairman of the National Port Users’ Forum (NPUF). “It’s all in sections 81 and 82 of the NPA,” he said. “Section 81 states that the minister of transport must appoint a PCC for each port.” This to consist of the harbour master of the relevant port, two persons representing the Transnet National Ports Authority (TNPA); three representing the local port users; two representing the respective local and provincial governments of the area in which the port is situated; two representing organised labour; and one representing the SA Maritime Safety Authority (Samsa). “The function of the PCC,” Norton added, “regarding any matter concerning a port, is to provide a forum for the exchange of views between the TNPA and other interested parties, and to advise the minister.” The NPA further states that the port authority must consult the PCC regarding any major scheme relating to the expansion or development of a particular port; or any other matter on which the minister (of transport) or the shareholding minister (minister of public enterprises) may require the authority to consult the committee. The way this is phrased in the NPA is: “The Authority (TNPA) may not commence with any major scheme relating to the expansion or development of a particular port before it has submitted details of the proposed scheme to the relevant PCC and consulted with that committee regarding the scheme. “The Authority must provide the PCC with such information as it may require to consider the proposed scheme properly, and must make itself available to answer questions and discuss the scheme with the PCC and any forum which the committee convenes to discuss the proposal.” As for the National Port Consultative Committee (NPCC), according to Norton, the minister must appoint at least one representative from each PCC; four representatives of national government departments; a representative of the NPUF; a representative of organised labour; and a representative of the TNPA. The functions, he added, will be for the NPCC to advise the minister on national commercial ports policy matters; measures that need to be taken to improve the regulatory framework governing management and operations of ports; to consider any proposed substantial alteration to the TNPA’s tariffs and to consider any other matter that the minister or the shareholding minister may require. “The minister,” Norton added, “must appoint an official of the department of transport as chairperson of the NPCC.” He also suggested that these two sections of the act must be read together with regulations 7 to 15 of the regulations published in terms of that act. These give a comprehensive definition of such matters as frequency, agenda and participation of meetings both at national and individual port level; the relationship between each PCC and the port regulator; who shall be appointed as chairman and secretariat of each PCC; quorums, voting, how to reach consensus, what to do in case of deadlock, subcommittees and working groups; and consultations with interested parties. But, although everything appears clearly defined in this legislation, the whole concept of the PCCs is still at a formative stage, according to Thomas. And, while meetings are being held at each of the port centres, things like the various representatives on each committee are still uncertain. With these committees to play such a key role in relationships between the authorities and the private sector in the future, and essential in planned future development and operation of the ports, Thomas is adamant that the PCCs must be pushed rapidly towards finalisation.