Taxpayers will cough up thanks to
government dilly-dallying, writes Ray Smuts
They need to tighten up on out-of-date
pollution act
THE MASSIVE oil spill in Table Bay, caused by last month's sinking of the giant ore carrier Treasure, could well cost the already hard-hit South African taxpayer more than R50 million, which could have been avoided.
In force to clean up oil pollution worldwide is what is known as the Civil Liability Convention of 1976. Countries that have acceded to it are obligated to contribute to its 'Fund' levies on all freight entering their ports.
In return, this enables them to draw on 'The Fund' to pay for cleaning up oil pollution, but this does not let insurers off the hook. The Fund will pay the excess if the vessel has a limit of liability clause or if the insurers go under.
South Africa has not acceded to the 1976 Convention - it is said to be caught up somewhere in Parliament - but did accede to an earlier version which had unfortunately excluded The Fund.
The representative of the sunken vessel's owner is on record as saying insurers will foot the clean-up bill but without South Africa's access to The Fund and without its legal right to proceed against the insurers, the taxpayer could foot the bill if they do not pay.
What needs to be done, as an environmentalist points out, is that the Government must accede to the 1976 Convention, tighten up on what has been labelled an out of step Marine Pollution Act, increase the pollution liability limit and begin funding Sanccob, which relies entirely on public donations and has run up a penguin laundry bill of more than R4 million thus far.
In another development, the Cape High Court has issued a provisional order, ordering the Sheriff to attach the vessel and all flotsam and jetsam recovered.
In papers before the court the owners and insurers of the 135 000 tons of iron ore indicated they intended suing the owners of the vessel for $4m US Dollars (almost R28 million), basing their claims on the breach of the owners to fulfil their obligation to carry the cargo properly and safely, as well as allowing the vessel to sail from the loading port in an unseaworthy condition.
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