South Africans generosity puts paid to inhumane conditions faced by crew of abandoned vessels in Durban: SAMSA

^{Two of three vessels officially declared as abandoned at the port of Durban, with 18 crew members on board. One of the vessels (right), the PSD104 is photographed while receiving fresh water equivalent 50 tonnes, donated by TNPA Harbour Master’s office. (Photos: SAMSA)}

Pretoria: 17 February 2022

It will be a while, if ever again, that crew of a set of vessels reportedly abandoned at the port of Durban will face inhumane conditions, largely characterised by starvation – thanks to the generosity of South Africans during the last month that has ensured them enough food and other necessities supplies.

This is according to the South African Maritime Safety Authority (SAMSA) seafarers’ welfare office in Durban, which together with two other non-governmental organisations, the Mission to Seafarers and Meals on Wheels SA set the alarm in January after the 18 crew members were found to be starving on board the three vessels which have been declared abandoned by the IMO in January 2022.

The vessels involved, two of them – the PSD2 and PSD104 are sister offshore supply vessels that are both Tanzanian flagged, while the third, the MT Fairy Tale – is a Belize registered tanker.

The MT Fairy Tale and the PSD2 had been at the port of Durban for over five years while the third (the PSD104, the second of the Tanzanian registered) had docked at the port in January 2022. The seafarers on board include 11 Indians, one (1) Iranian and six (6) Bangladeshi nationals.

*^{Mr Sibusiso Rantsoabe, SAMSA Manager for Occupational Health, Safety and Seafarers’ Welfare.}*

According to SAMSA Manager for Occupational Health, Safety and Seafarers’ Welfare, Mr Sibusiso Rantsoabe, not only did groups of South Africans respond positively, speedily, with donations that have ensured enough food and other necessities supplies, but the widely publicised plight of both the seafarers as well as the vessels themselves drew attention of both the owners as well as the Indian government’s attention.

Support was also being received from the International Transport Federation (ITF) which had assisted the crew members arrest the vessels, anyhow, following complaints from the crew, and which matter was now set for the courts, according to SAMSA.

“The media has really helped put pressure on the owners,” said Mr Rantsoabe, adding: “They have been coming on board trying to reach settlements with the crew and telling them they saw the story in the media. One of them was very embarrassed about the diesel story and started providing diesel and he had not done so in five (5) months.

*^{More food supplies to crew members of abandoned vessels at the port of Durban donated by a local community group, Newlands Diwali Festival (Photo: SAMSA)}*

“The crew are now also able to contact their families through the generosity of the Mission to Seafarers who provided them with Wi-Fi routers.

“The International Transport Federation has also provided money for food via the Mission to Seafarers, which is used to supplement whatever is provided by the two charity organisations.

“At the moment the seafarers are very grateful and feel that they have enough food to last them through February. The ITF has also procured fuel for the two vessels that can take fuels, which will help run the engine and generators.

“We have also received calls from charity organisations such as NEDFEST… (such that) presently food supplies will not be an issue again for this crew,” he said.

Their movement outside the vessels was still restricted, however, and therefore not allowed to leave the port. The difficulty said Mr Rantsoabe; was with the fact that the vessels did not have Port Agents who assume official direct responsibility for vessels and crew once in the country’s ports.

However, SAMSA facilitated a dialogue with the port authorities (Port Health, Immigration, SAPS, TNPA) who in the end, working jointly together with Shipmed and Mission to Seafarers; made the vaccination of all the seafarers possible on Wednesday last week (09 February 2022). They were transported under SAPS escort to a vaccination clinic.

“They were all smiles after vaccination,” said Mr Rantsoabe

^{Some of crew members of the abandoned vessels at port of Durban pictured while they were all taken to a local city clinic for their Covid-19 vaccination. Prominent in their company is the Rev.Fr Thami Tembe of the Mission to Seafarers. (Photo: SAMSA)}

Mr Rantsoabe further reported that a week ago, he and SAMSA Durban region Principal Officer, Captain Gqwetha Mkhize accompanied a team from the Indian Consulate to the PSD2 and PSD104 vessels. “They stated they will be putting pressure to the Flag State and the owners’ country using diplomatic means (State to State basis).”

^{Abandoned vessels’crew pictured while being visited by Indian Consulate officials in the company of SAMSA senior officers, Durban office Principal Officer, Capt. Gqwetha Mkhize and OHS& Seafarers Welfare manager, Mr Sibusiso Rntsoabe a week ago (Photo: SAMSA)}

On how long it can take to have both the situation of the crew and vessels resolved, Mr Rantsoabe said: “Unfortunately that question is difficult to answer. Normally once SAMSA gets involved things move quickly and the company pays.

“Detention does work because the owners normally want to get the ship out of the port as soon as possible. However, in the case of the Fairy Tale there is no hurry. The vessel is not going anywhere unless somebody buys it. So as SAMSA we can fine and detain but detaining a vessel that does not intend moving out becomes just a futile exercise, especially when owners pay the fines, but detention remains.

*^{Capt. Vernon Keller, SAMSA Deputy Chief Operations Officer.}*

Remarking on the latest developments regarding the crew of the vessels, SAMSA deputy Chief Operations Officer, Captain Vernon Keller applauded the effort of all those involved, including the role the media played in sharing the plight of the seafarers, but added that as far SAMSA was concerned; “it is an amazing effort by the SAMSA team…but our job is not done.”

Said Capt. Keller; “Our seafarers kept this world moving forward throughout the Covid-19 pandemic, transporting essential cargoes around the world, yet seafarers struggled to let the world understand that they are essential workers.

“They were forced to spend more time onboard their vessels unable to go home, some even lost their family members and could do nothing about it. The psychological effect that this pandemic had on the seafarer will be studied for years to come.

“As an ex-seafarer, it pains me to know that there are still seafarers who are being treated even worse than during the pandemic by unscrupulous ship owners and managers. Administrations should stand up across the world and say enough is enough. If these seafarers were airline crew, the world would stand up and listen, so why are we not affording seafarers the same respect. Seafarers have truly become the forgotten few.

End

SAMSA, NGOs rally jointly to save starving crew members on board three reportedly abandoned vessels in Durban.

_{FOOD ON BOARD: Some of 18 crew members of three vessels reportedly abandoned at the port of Durban, South Africa; receiving food parcels arranged between the South African Maritime Safety Authority (SAMSA), Meals on Wheels Community Services SA and the Mission for Seafarers on 18 January 2022.} _{With the seafarers are (far left) Mr Sibusiso Rantsoabe of SAMSA, (third right) Mission to Seafarers Durban port Chaplain, Reverend Thami Tembe and Ms Germaine Melody Cecil Jolene Maasz of Meals on Wheels Community Services SA.}

UPDATE:

Pretoria: 28 January 2022

Publication of this story on Monday this week has, possibly expectedly; elicited wide public attention in South Africa and abroad. As a consequence, the South African Maritime Safety Authority (SAMSA) has sought to assist enhanced public awareness about the situation by providing more granular detail through media interviews including national television. Some of the interviews shared here include one of the sailors on board the vessels. Click on the links below for more. Please do note that these are totally independent reports by news media and only shared here for purposes of enhancing public awareness about the situation.

Pretoria: 24 January 2022

A group of 18 seafarers grappling with apparent abandonment on three vessels docked in Durban have been sparred at least a month of hunger and starvation, thanks to the intervention of the South African Maritime Safety Authority (SAMSA) acting jointly with two non-governmental organisations, Meals on Wheels Community Services SA and Mission to Seafarers this past week.

According to the organisations in a joint statement on Monday, the crews are manning three vessels reportedly abandoned by their owners – two of these vessels stranded for between two (2) and five (5) years ago – as a result of which the 18 seafarers are battling daily for necessities but especially food.

SAMSA confirmed separately that it has and continues to be constantly involved in efforts to resolve issues revolving around the fate of the vessels since about five years ago but would not divulge details due to confidentiality related reasons among those parties involved.

_{DELIVERING FOOD AID: On site to deliver food parcels to 18 crew members of three vessels reportedly abandoned at the port of Durban on 18 January 2022 are (From Left) Meals on Wheels South Africa offical, Ms Germain Melody Cell, Jolene Masssz and Meals on Wheels national programme director Mr Gershon Naidoo and SAMSA seafarers welfare manager Mr Sibusiso Rantsoabe.}

In the joint statement, the parties said: “The vessels PSD2 and Fairy Tale have been at the port of Durban for between five (5) and two (2) years respectively while the PSD104 arrived at the port earlier this month. The vessels are currently manned by 18 seafarers collectively, one (1) Iranian, six (6) Bangladeshi and 11 Indians.

“The 18 seafarers have not been paid salaries for several months and were running out of food in a matter of hours which prompted Reverend Tembe from the Mission to Seafarers to make a desperate call to SAMSA for assistance.

“SAMSA in turn made a call to the Meals on Wheels Community Services South Africa who, without hesitation, made food parcels available to the seafarers.

“The food parcels comprising various nutritious foods were delivered to the 18 seafarers on 18 January 2022 by a team from Meals on Wheels Community Services South Africa led by its National Programmes Director Mr Gershon Naidoo. It is estimated that the food supplies will last the seafarers for up to four (4) weeks,” said the entities in the statement.

According to SAMSA, whose legislated mandate expressly includes the active protection of life and property at sea, vessels and crew abandonments are a general phenomenon.

Citing the International Maritime Organisation (IMO), SAMSA said abandonment of ships and crew at sea was characterised by a situation where “a shipowner fails to fulfil certain fundamental obligations to the seafarer relating to timely repatriation and payment of outstanding remuneration and to the provision of necessities of life, inter alia, adequate food, accommodation, and medical care.

“Abandonment will have occurred when the master of the ship has been left without any financial means in respect of ship operation.”

SAMSA further quoted the IMO as saying that as many as 438 abandoned ships involving 5,767 seafarers were recorded globally between 2004 – 2020 and that estimates indicated that “there are many other cases worldwide which go unreported.”

In fact, the IMO notes that: “There has been a dramatic rise in cases over the past three years following the entry into force on 18 January 2017 of the 2014 amendments to MLC (Maritime Labour Convention) 2006 concerning financial security in cases of abandonment.”

In addition to various other instruments and activities to manage cases of ships and crew abandonments, the IMO says it works closely with organisations such as the International Labour Organisation, the International Chamber of Shipping (ICS) and International Transport Workers Federation (ITF) to maintain a database of incidents, and encourages especially its more than 150 Member States globally to report such cases to the international organisation on occurrence.

“A Member State or an organization accredited to ILO or IMO is entitled to report an abandonment incident. The following stakeholders are consequently entitled to report to the database:

Flag States may report cases of abandonment in their jurisdictions. The State the flag of which the abandoned vessel is flying has the primary responsibility to repatriate the abandoned seafarer or fisher if the shipowner fails to make arrangements for, or to meet the cost of, repatriation.

Port States may report cases of abandonment in their jurisdictions. The State in the port of which the abandoned vessel is situated has a secondary responsibility to repatriate the abandoned seafarer or fisher.

Labour-supplying States may report cases of abandonment in their jurisdictions. The country of nationality of the abandoned seafarer or fisher also has a responsibility to repatriate the abandoned seafarer or fisher if the flag or port States fail to do so.

NGOs with consultative or observer status in IMO or ILO.

The procedure to be followed in reporting cases of ships and crew abandonment is outlined on the IMO’s website, including the contacts details applicable.

Meanwhile, in Pretoria on Monday, SAMSA, Meals on Wheels Community SA and Mission for Seafarers committed to continue working jointly in the meantime in efforts to alleviate the plight of abandoned crews.

According to SAMSA; “The Mission to Seafarers through their Durban Port Chaplain, Reverend Thami Tembe, has been working alongside SAMSA to provide relief to the distressed seafarers. Reverend Tembe who has become like a father to these seafarers have been providing them with emotional support and spiritual counselling and organising food supplies.”

Meals on Wheels Community Services SA, well known for helping those who are poverty-stricken within the borders of South Africa with nutritious meals and food security, said its involvement in the Durban situation was its first venture into the maritime space “and we hope that there will be many more opportunities to partner with SAMSA and The Mission to Seafarers,” said Mr Naidoo.

Mr Naidoo added that members of the public keen to land a hand were welcome to do so. “Should (anyone) wish to know more or like to get involved with us, (they may) visit our website https://mealsonwheels.org.za/ , email us at info@mealsonwheels.org.za or check out “Meals on Wheels Community Services” Social Media pages.

End

Called out to save lives at sea, SAMSA responds accordingly, as fate of foreign crew stranded in SA remain unclear

IMG_8574 email.JPG — A HELPING HAND: A SAMSA official hands over food items and related material to six crew members of a stranded vessel that entered South African sea waters and anchored off the port of Cape Town without permission a month ago. The vessel believed to be of Asian origin has since been quarantined and detained at the port of Cape Town pending resolution of its law transgressions since entering the country’s waters illegally.

Pretoria: 08 January 2020

The fate of six stranded Asian sailors found in a desperate situation in a poorly conditioned vessel off the port of Cape Town recently may remain uncertain still, but their safety and general well-being going forward is ensured for time being, thanks to the timely intervention and assistance efforts of the South African Maritime Safety Authority (SAMSA).

According to the agency, part of whose mandate is to ensure the safety of property and life at sea, the epic drama involving the six foreign sailors – two from Taiwan and four others from Mynmar, and some of whom now face possible legal sanction – apparently unfolded after SAMSA officials were alerted by the Transnet National Ports Authority (TNPA) and the Department of Environment, Fisheries and Forestry (DEFF) about a drifting, fuel-less and permit-less vessel spotted at sea, off the port of Cape Town on 02 December 2019.

Four of the six member crew of the Yong Qing Fa No.666 currently believed to have been abandoned by their employer and who are currently residing on board the crippled vessel at the port of Cape Town after it was detained following its unauthorized entry and anchorage in SA waters, and a subsequent C188 inspection that found it not seaworthy. The six member crew of the vessel consists of four seafarers from Mynmar and two others from Taiwan.

Captain Pierre Schutz, a deputy Principal Officer at SAMSA’s western region Cape Town office, recounted this week about how the agency’s officers scrambled to the rescue of the foreign seafarers to ensure primarily their safety and general welfare while their sea sailing troubles including legal issues were being interrogated for a possible resolution.

The legal woes facing both the owners and crew of the now quarantined fishing vessel known as the Yong Qing Fa No.666 but whose flag state has yet to be determined, it emerged, include the vessel’s unauthorized entry into South African sea waters, the absence on board of necessary documentation including certificates of nationality, tonnage, drawing plans, crew list, Voyage Management System (VMS) transmitting, and an off Automatic Identification System (AIS).

On entering South African waters without permission and dropping anchor near Cape Town harbor without authorization on 30 November 2019 due to apparent desperation for bunkers, the six member crew on board reportedly also initially failed to communicate properly their plight with local authorities due to language difficulties, until the Taiwanese Fisheries agency in South Africa got involved, almost a week later.

In fact, on entering the country’s waters in the Atlantic Ocean and putting anchor near the Cape Town port, according to SAMSA, based on TNPA reports, the vessel’s crew did so without following any protocols and had maintained complete radio silence, something unusual and illegal.

It had since emerged that the six crew members and their poorly maintained vessel had were likely abandoned by the owner, with four of the crew members having not been paid their wages.

According to SAMSA on Wednesday this week, two of the stranded seafarers, from Taiwan, had since been charged with certain law transgressions (unspecified) and were due to reappear in a Cape Town magistrate’s court on 27 January 2020.

Reporting about the drama, Capt. Schutz says SAMSA got drawn initially to the plight of the crew of the vessel – and which had since been established to have been sailing from West Africa to Mauritius – after respective authorities including the TNPA, DEFF and others, all bound by relevant legislation and protocols, were initially reluctant and refused it entry into a South African port without standard procedures having been fully observed.

These included a 21 day offshore containment period to determine the vessel and crew health condition that it did not carry any communicable diseases such as – in this case – Ebola, as the vessel had reportedly sailed from a West African region where the deadly disease is reputably rife.

He says 12 days after the drama ensued, with engagements ongoing among respective authorities, SAMSA appealed to the TNPA, DEFF and others to allow an inspection of the vessel and crew in order to facilitate provision of basic essentials to the crew, such as food and water. Crucially, this was also to ensure the safety of the vessel given its unauthorized anchorage which could prove hazardous to other sailing vessels in the vicinity if left unattended for too long.

By 13 December 2019, according to Capt. Schutz, the vessel was eventually allocated a berth in an isolated area at the port of Cape Town following to which nutrition was brought on board for the vessels’ crew while a variety of inspections were conducted.

He confirmed that a SAMSA inspection in terms of local and international legal instruments including the International Labour Organisation’s (ILO) C188 – Work in Fishing Convention, 2007 (No. 188) found the vessel to be not seaworthy and it was officially detained, while a DEFF inspection led to the arrest of the vessel’s skipper and his subsequent appearances in court.

As of last week, according to Capt. Schutz, the vessel still had no power and it still had no local agent appointed to attend to its needs as required by law. Meanwhile Taiwanese authorities in South Africa were still not taking responsibility for a majority of the crew members on board the vessel while DEFF officials’ efforts to seek assistance from the Department of International Relations and Cooperation (Dirco) had proved fruitless so far.

Capt. Schutz says: “The SAMSA (Cape Town office) is liaising with DEFF in terms of the court appearance of two of the seafarers. It is also liaising with the local Apostleship of the Seas in terms of welfare and food. Currently also, SAMSA is supplying food while awaiting for the court appearance.”

Regarding the detention of the vessel, Capt. Schutz says its release will be conditional to the owners carrying out the repairs it is so advised to do and on completion, inform SAMSA.

“Once so advised, SAMSA would conduct another inspection, and if the vessel is found in good condition, the vessel would be released from detention. There is no time frame attached to this,” he says, save for a range of port charges it will incur, accruing to the TNPA, for its safekeeping at a South African port, and which could escalate depending on how long it takes to repair it.

Capt. Schutz says further that the vessels’ crew will be repatriated once all matters related are finalized to the satisfaction of South African authorities.

“The responsibility however lies with the owners. There has been no final decision in this regard,” he says.

End

Please note that this story has been updated to provide additional details and correct certain inaccuracies.