For cargo owners asking what is to happen with their products that are on the way to SA by sea, there’s a simple answer. If the line doesn’t decide to leave its ship anchored off its SA destination port, you can expect your cargo to be dumped off anywhere that the shipping lines choose, waiting until it can be moved to SA at a later date. And you have no legal rights to sue the lines for any delay or other loss. It falls under the legislation referring to the lines’ rights to “cut-and-run”. These are typical bill of lading (BoL) clauses that would protect carriers should they wish to indulge in that “cut-and-run”. Transnet has declared the strike as “force majeure”. And the appropriate clauses in the BoL say: “Force Majeure shall include, but not be limited to, work stoppages, civil commotion, strikes, accidents, casualties, lockouts, fire, transportation disasters, acts of God, governmental restraints (including governmental import restrictions and voluntary quotas arising from the threat of governmental restraints), war or hostilities, embargoes or other similar conditions. “If at any time the performance of the contract evidenced by this Bill is or is likely to be affected by any Force Majeure hindrance, risk, delay, difficulty or disadvantage of whatsoever kind which can not be avoided by the exercise of reasonable endeavours, the Carrier (whether or not the transport is commenced) may without notice to the Merchant treat the performance of this Contract as terminated and place the Goods or any part of them at the Merchant’s disposal at any place or port which the Carrier may deem safe and convenient, whereupon the responsibility of the Carrier in respect of such Goods shall cease. The Carrier shall nevertheless be entitled to full freight and charges on Goods received for transportation, and the Merchant shall pay any additional costs of carriage to and delivery and storage at such place or port.”
