The Panama-flagged general cargo vessel, the MV Ultra Galaxy; seemingly on its side after running aground on Tuesday evening (South African time) off a remote coastal area known as Brand se Baai on the West Coast of the country. (Photo: Supplied)
Pretoria: 10 July 2024
A stricken Panama flagged cargo ship, the MV Ultra Galaxy that was sailing alongside South Africa on the Atlantic Ocean and got abandoned by its crew of 18 seafarers after a heavy listing, has gone to ground, with efforts now at high speed to prevent a fuel and oil spill, as well as salvage its fertiliser cargo, the South African Maritime Safety Authority (SAMSA) confirmed on Wednesday.
The confirmation of the grounding of the casualty vessel on Tuesday evening (22h06 local time), is the latest and most dreaded development since news of the cargo ship being in trouble, as increasily listing at sea on Monday broke, leading to the successful rescue and evacuation of its crew to Cape Town on Tuesday morning.
According to SAMSA, preliminary indications are that the vessel has a full load of fertilizer in bags on board. She also has low sulphur bunkering fuel in addition to hydraulic and related oils.
In a media statement following a meeting of the country’s interim incident management forum (IMOrg), SAMSA confirmed that salvage operations had been scaled up, with two tugs already enroute to the location of the casualty vessel, while other measures were being rolled out for contaiment of any possible spills of the vessel’s cargo contents.
The IMOrg, under the Department of Transport, is South Africa’s joint Government and industry preparedness forum for oil spills launched in 2017. Its membership is drawn broadly from across various sectors of society inclusive of State departments, private sector industries, enviromental groups, as well as other non-governmental institutions.
“Salvage operations are currently underway for the stricken vessel, Ultra Galaxy, off the coast of Brand se Baai on the West Coast. On Monday one tug was dispatched and arrived at the location of the listing of the general cargo vessel on Tuesday. Another tug with more personnel and extra equipment departed from Cape Town on Tuesday evening to assist in the salvage efforts,” said SAMSA.
According to SAMSA, the rescue operation commenced early Monday after an Emergency Position Indicating Radio Beacon (EPIRB) alert from the vessel, positioned approximately 60 nautical miles west of Doring Bay, was detected at 03:00 local time, prompting an immediate response.
” Following the EPIRB alert, a Mayday relay was broadcast to nearby vessels. Three ships closest to the casualty vessel—the MV Fivos, MV Rio Grande Express, and a fishing vessel, the FV Malachite—were diverted to assist. Weather conditions at the time included winds of up to 12 knots per hour and swells between five and six meters.
“The rescue vessels successfully located a life raft in the water and confirmed that there were 18 seafarers – all Filipino – onboard. A coordinated rescue operation ensured the survivors were safely transferred to the FV Malachite and transported to St Helena Bay.
“The Panama-registered MV Ultra Galaxy (previously known as Thor Galaxy and Thorco Galaxy) is a 124.56-meter-long general cargo vessel built in 2008. At the time of its distress call early on Monday, it was en-route to Dar es Salaam in Tanzania.
“With the crew safely rescued, all efforts are now fully focused on salvaging the vessel.
“Further details will be shared as they become available.”
Day of the Seafarer 2024: Durban. 25 June 2024. Senior government officials, heads of organisations and companies, seaferarers and others attending, devoting a minute’s silence in memory of South Africa’s 11 fishermen lost at sea, and presumed dead in May 2024.
Pretoria: 04 July 2024
South Africa joined the global maritime community on June 25, the Day of the Seafarer, to honour and pay tribute to seafarers, in an event hosted in three of the country’s coastal cities of Cape Town, Gqeberha and Durban.
The South African Maritime Safety Authority (SAMSA) in partnership with the Department of Transport (DoT) and Transnet National Ports Authority (TNPA) led the event in Durban KwaZulu-Natal, while the DoT held base in Cape Town, and the South African International Maritime Institute (SAIMI) hosted the Gqeberha leg.
SAMSA and the maritime captains saluted the endeavours of the seafarers who risk their lives at sea for months on end, annually.
Ushered by the International Maritime Organisation (IMO) with the theme: “Seafarers’ contribution to making the maritime sector a safer workplace”, key speakers at the SAMSA event included Mr Dumisani Ntuli; Chief Director: Maritime Policy and Legislation at the DoT, Mr Tau Morwe, SAMSA Acting Chief Executive Officer (ACEO), along with representatives of maritime sector companies, among them; Mediterranean Shipping Company (MCS), South African Association of Ship Operators and Agents (SASOA), and Fender Care.
Mr Mahesh Fakir: SAMSA Board ChairpersonMr Dumisani Ntuli.Chief Director: Maritime Policy and Legislation. Department of TransportMs Siphumelele Gcaba Fender Care Representative
True to the spirit of the theme of the Day, the gathering in Durban dedicated a minute of silence in remembrance of the 11 South African crewmen who tragically lost their lives after their Cape Town based fishing trawler rapidly sank in the Atlantic Ocean on 17 May 2024. The fishing trawler, FV Lepanto, according to reports at the time, had 20 crew members on board, with nine (9) having survived the ordeal after being rescued.
SAMSA’s Board Chair, Mr. Mahesh Fakir, reflected on the incident as indicative of the most challenging working environments seafarers in South Africa and global have to deal with as well as vital role they continue to play to the world economy.
He noted that an investigation was still underway on the tragic Cape Town fishing vessel incident.
Mr Tau Morwe. Acting CEO. South African Maritime Safety Authority
Also, in his opening remarks, speaking on the theme of the day and stressing the pivotal role seafarers play in ensuring safety in the maritime sector Mr Morwe, said: “The (Day of the Seafarer 2024) theme serves as a reminder of the crucial role that seafarers play in ensuring their own safety and the safety of the vessels while navigating the unpredictable sea. The maritime industry is a challenging and demanding environment where seafarers face numerous risks.”
“It is through their unwavering dedication, professionalism, and commitment to safety to overcome challenges and ensure the smooth operation of the maritime sector. As a South African Maritime Safety Authority, we share this responsibility. We pay tribute to all the seafarers that have been injured, lost their lives at sea, or have been suffering from trauma because of their service.”
Captain Brynn Adamson, TNPA Harbour Master at the port of Port Elizabeth, also shared a message of support to the contribution of seafarers towards their safety and wellbeing.
“As TNPA, the custodian of all the ports in South Africa, we take the role of embedding safety not only in marine operations exceptionally seriously, but also, ensuring that safety is cascaded to our tenants, port users, vessel masters, terminal operators, through our licenses, lease arrangements, incident management procedures.
“As one of the largest employers of seafarers in South Africa, TNPA pledges and reaffirms to the safety and most importantly, the well-being of seafarers that visit our 8 ports and all seafarers calling our shores. We take this opportunity to recognise the contribution that all seafarers make in our daily lives.”
Lending support to the focus of sentiment on the day, on behalf of government, Mr Ntuli of the DoT highlighted the government’s efforts in creating employment opportunities for seafarers in the country, outlining the plans that are in place.
“We have advocated for a homegrown ship as well as increase flagging to assist our seafarers to access high employment opportunities. The Merchant Shipping Act which is under reconstruction in a form of a Merchant Shipping Bill will introduce coastal shipping for the country and its regions which will promote also employment, skills and development,” said Mr Ntuli.
Meanwhile, as has become standard practice by the DoT and SAMSA during celebration of the Day of the Seafarer annually, pupils in grades 10 to 12 from about 12 schools in the KwaZulu Natal province partook in the event, as were exhibitors such as the South African Police Service (SAPS), African Marine Solutions (AMSOL), Moses Kotane Institute (MKI), Durban University of Technology (DUT), Ports Regulator of South Africa (PRSA), Passenger Rail Agency of South Africa (PRASA), and KZN Department of Transport.
The event also encompassed a panel discussion on various subjects such as safety and wellbeing (psychological, emotional, and physical health) of seafarers as well as the advancement of technology, such as Artificial Intelligence (AI) on whether it has an impact on job security of seafarers.
The panel discussion was led by Capt. Tshepo Motloutsi, a senior manager for maritime policy at SAMSA’s Centre of Policy, Legal and Regulation, in which participants include Mr Michael Manqele, lecturer at Durban University of Technology (DUT), Cap. Rodrego Thompson, a ship surveyor at SAMSA, Reverend Forbes Maupa from the Durban Seafarer Mission, Ms Tracy Myeza, Chief Engineer of Transnet National Ports Authority (TNPA) tugs, and Ms Zama Mkhize, Tug Master at TNPA.
For more visuals of the event, a large portion of which was livestreamed, please click on the following SAMSA Facebook posts links in succession.
South Africa’s state of readiness for effectively managing marine pollution, but particularly in the event of major oil spills in its oceans waters and adjacent inland waterways comes under focus once more this year, this time in Durban over two days next week, reports the South African Maritime Safety Authority (SAMSA)
The KwaZulu-Natal provincial leg of the two-day roadshow, on Tuesday and Wednesday (04-05 June 2024), scheduled for the Durban port’s ‘N-Shed’ is the third of its kind in recent months at cities on South Africa’s 3200km coastline, with an estimated 200 people expected to participate from across the public, private and non-governmental institutions.
Among these will be private sector representatives of national and regional marine services providers including African Marine Solutions (Amsol), DRIZIT, SPILLTECH, environmental groups including Ezemvelo KZN Wildlife and SANCCOB, SAMSA and Transnet, as well as among others, representatives of the Department of Forestry, Fisheries and Environment (DFFE) and Department of Transport (DoT), which is tasked with ensuring South Africa’s general preparedness for marine pollution prevention.
According to SAMSA: “The Department of Transport (DoT) has a legal responsibility of providing and fulfilling statutory obligations towards marine pollution prevention response of the Republic of South Africa’s coastline of more than 3 000 kilometres in terms of powers provided in the Marine Pollution (Control and Civil Liability) Act 6 of 1981, Marine Pollution (Prevention of Pollution from Ships) Act 2 of 1986 and in the Marine Pollution (Intervention) Act 64 of 1987.
“The Marine Pollution (Control and Civil Liability) Act 6 of 1981 states in its preamble the Act aims: “To provide for the protection of the marine environment from pollution by oil and other marine harmful substances, and for that purpose to provide for the prevention and combating of pollution of the sea by oil and other harmful substances; to determine liability in certain respects for loss or damage caused by the discharge of oil from ships, tankers and offshore installations; and to provide for matters connected therewith”.
However, says SAMSA; in ensuring that requirements of the legislation are properly, consistently met and advanced, also assists the country in discharging diligently its international obligations in terms of its memberhip of the International Maritime Organisation (IMO) with regards implementation of provisions of related conventions, but specifically the the International Convention for the Prevention of Pollution from Ships (MARPOL)
“MARPOL is the main international convention covering prevention of pollution of the marine environment by ships from operational or accidental causes,” says SAMSA of a duty and responsibility precisely assigned it by the State in terms of its legislated mandate, under the DoT.
In Durban next Tuesday and Wednesday, focus of the event led by the IMOrg – a virtual organisation chaired by the DoT and SAMSA as the co-chair and secretariat – will be primarily on the revised National Oil Contingency Plan.
IMorg is South Africa’s preparedness forum for joint Government and industry response to oil spills within South Africa’s exclusive economic zone (EEZ) of approximately 1.5-million km² across the Atlantic, Southern and Indian Ocean.
Proceedings will comprise two phases, a townhall type presentation encompassing familiarisation of attendees with the approved NOSCP inclusive of theMarine Oil Pollution Prepared Response and Cooperation (OPRC) Bill, a Durban and Richards Bay ports contingency plan, as well as the Wild Oceans – Oil Spill Modelling and Mapping of the Ecologically Vulnerable hotspots model.
The presentations, beginning at 9am each morning, will then be followed by an onfield demonstration of pollution combating and wildlife protection equipment, says SAMSA.
Ships bunker services provision in South Africa – inclusive of off-shore operations – is well on track, with applications, approvals and issuance of licenses currently being managed expeditiously, the South African Maritime Safety Authority (SAMSA) has confirmed.
However, according to SAMSA’s Acting CEO, Mr Tau Morwe, operators have to ensure that they are compliant with requirements of SAMSA as well as both the South African Revenue Services (SARS) and the Transnet National Ports Authority (TNPA).
Mr Morwe made the confirmation on the status quo of bunkering services in South Africa during a day long maritime sector bunkering services roundtable meeting attended by about 80 people in Durban on Tuesday. (30 April 2024).
Representatives included industry principals, primarily ship owners and agents and some of whom are active bunkering services providers, state officials from Treasury, SARS, the Department of Transport, Department of Forestry, Fisheries and Environment, TNPA, Ports Regulator South Africa and SAMSA; ship-to-ship services providers and interested or affected parties – among them, environmental groups – as well as delegates from Mauritius, Mozambique and Namibia.
Mr Morwe’s remarks came in the wake of an apparent entrenching confusion or misunderstanding in the country’s maritime sector about the real state of bunkering services provision and administration, this coming in the wake of a clampdown by SARS on certain operators related to taxation issues during the latter part of 2023, as well as a ‘moratorium’ said to have been placed on the issuing of licences.
Flanked by Mr Mahesh Fakir, the chairperson of SAMSA’s Board of Directors, in his closing remarks of the gathering, Mr Morwe stated: “Where SAMSA stands is that applications for off shore bunkering, in terms of Section 21 (1) b (Prevention and Combating of Pollution of the Sea by Oil Act. 1981) is in process. Anyone can make the application.
“The TNPA and SAMSA are agreed on the continued processing of applications. However, in the processing of the applications, we remind applicants that we are not the only regulator, and they (applicants), have to tick the TNPA box, ensure that they are compliant with SARS. If that is in place, there is nothing preventing applicants or operators from conducting business. That is the state of affairs.”
“… there is nothing that says the business (of bunkering) is closed. I repeat, anyone wanting to apply for an operator license may do so. Tick the SARS box, tick the TNPA box!” said Mr Morwe.
For his full remarks, click on the video below.
Mr Tau Morwe, SAMSA Acting CEO making his closing remarks at the SAMSA organised Maritime Sector Bunkering Services Round Table Event held in Durban on Tuesday, 30 April 2024 .
Meanwhile, for a complete coverage of the SAMSA organised Maritime Sector Bunkering Services Round Table event in Durban on Tuesday last week, this blog captured as best it could the meetings’ proceedings as presented below. The only record unavailable, due in part to technology limitations, is that of regulators from Mauritius, Namibia and Mozambique who all were planned to make a virtual appearance online.
Key take-aways:
Bunkering along with related ship-to-ship transfers services have a long history in South Africa and remain a major business and economic opportunity for sustained expoitation, given the country’s almost perfect geolocation at the foot of the African continent, with an ocean space global shipping corridor that is equidistant between western and eastern countries.
With expansion of particularly bunkering services to off shore, notably in Algoa Bay since 2016, the regulatory domain has lagged behind for clarity, leading to disruption and confusion as evidenced by a 2023 SARS clampdown on some operators in Algoa Bay due to taxation related matters
The haitus has led to vast loss of business opportunity and income in the past few years especially since the break-out of strife and wars affecting major shipping lines in the Middle East and eastern Europe and which led to an increase in shipping traffic sailing along the Cape of Good Hope ocean corridor.
SARS related regulations are in the process of being finalised and should soon be operational.
Going forward, SAMSA, the TNPA and SARS are the key (but not exclusive) state institutions whose regulations operators – current or aspirant – must comply with.
Overall, there is an agreed need both by the relevant state institutions (SAMSA, TNPA, SARS, Ports Regulator, DFFE) and the private sector for closer cooperation and collaboration between the regulatory institutions, as well as about ongoing engagement and interaction with all stakeholders and interested parties in the maritime sector.
A commitment is reached that established forums in the bunkering subsector as well as periodic maritime sector and regulators roundtable meetings shall continue into the future.
In the package below, in the order of their appearance and presentations, first up are Welcoming and Opening Remarks by Mr Morwe and Mr Fakir respectively, in which they broadly outline the standpoint of SAMSA on the state of bunkering administration in South Africa.
Mr Tau Morwe, SAMSA Acting CEO making his welcoming remarks.
Mr Mahesh Fakir, SAMSA Board chairperson making his opening remarks.
Next are representatives of the Ports Regulator, TNPA and SAMSA on the status quo of bunkering services.
Transnet National Ports Authority (TNPA) presentation
Ports Regulator SA presentation
South African Maritime Safety Authority (SAMSA) presentation
Following are representatives of the Treasury, SARS and the DFFE on “Government on bunkering risk, opportunities and enablement.”
Treasury Department presentation
South African Revenue Service (SARS) presentation
Department of Forestry, Fisheries & Environment presentation
Question & Answers Session 1
Finally, below – in no particular order – are representatives of industry (including the South African Association of Ship Owners and Agents (SAASOA), on their own individual and group perspectives, afterwhich a final Question and Answer Session ensues.
South Africa’s maritime bunkering services subsector comes under national focus on Tuesday, 30 April 2024, wherein government, relevant state institutions, industry representatives, as well as interested parties will gather in Durban for a round table discussion to chart a way forward for the sector, says the South African Maritime Safety Authority (SAMSA).
Among notable participants earmarked for this event will be representatives of various stakeholders, including – from government – the Office of the Presidency, the Minister of Transport, the Department of Forestry, Fisheries and Environment (DFFE), Transnet National Ports Authority (TNPA), the Ports Regulator, SAMSA, the South African Revenue Services (SARS); private sector maritime industry principals, as well as international delegates from neighbouring Mozambique and Namibia.
According to SAMSA, the bunkering sector roundtable event’s aim is to facilitate a direct engagement and interaction among key stakeholders for a discussion and sharing of views on matters impacting the subsector, as well as development of possible solutions to ongoing challenges as a way forward.
For specifically SAMSA, the entity says; the event will facilitate it an opportunity to provide clarity on pertinent issues, and among which is its specific role pertaining to bunkering business operations.
SAMSA intends to also provide clarity regarding an enduring misunderstanding over a ‘moratorium’ on bunkering that SAMSA management says it had initially explained to industry through at least two Maritime Information Notices.
Also, with offshore bunkering in Algoa Bay, Eastern Cape province, also currently halted since about late 2023 due to taxation related matters between bunkering services providers operating here and SARS, Tuesday’s event, says SAMSA; may facilitate provision of further clarity on where matters stand currently with regards new bunkering sector related regulations recently published by SARS for public input.
The DFFE is also anticipated to enrich the discussions with information pertaining to environmental protections measures involving bunkering and offshore STS services.
According to SAMSA the roundtable event in Durban on Tuesday comes at a time when bunkering services, now inclusive of offshore ship-to-ship transfers have significantly advanced the trajectory of shipping transport in the country – and an economic activity the entity says it is committed to ensuring its future sustainability.
The Department of Transport (DoT) entity is responsible for regulations that govern bunkering services, inclusive of issuing licences, under four pieces of enabling legislation. These include the Marine Pollution (Civil and Control Liability) Act 1981, the International Convention for the Prevention of Pollution from Ships Act of 1986, the Merchant Shipping (Civil Liability Convention) Act 2013 and the Maritime Zones Act 1994.
In SAMSA’s view, South Africa’s geolocation at the southern tip of the African continent, equidistant between western and eastern continents through a sea channel constituted by three oceans, the Indian, Southern, and Atlantic Oceans, places the country in an advantageous position for extensive bunkering services to the world’s ship transport fleet.
By SAMSA’s own account, no less than 9 000 vessels per month pass through this ocean corridor, and along which its 3200km coastline nestles no less than eight (8) modern commercial ports through which trade goods destined for South Africa and the southern African region are handled.
According to SAMSA, with the expansion of bunkering services through introduction of offshore services in Algoa Bay, Eastern Cape province in April 2016, the subsector has since generated and injected millions of rands to the local economy.
In this period, three (3) licensed operators deployed a fleet of twelve [12] bunker vessels and from whose operations -involving as much as of 4, 3-million metric tons of fuel sold – flowed substantial economic contribution to the area and central to which was the development of dozens of small to medium enterprises that in turn, contributed to generation of no less than 300 direct jobs.
These included shipping agents, shipping chandlers, OPL launch boat owners, diving services providers, oil spill response services, bunker surveyors, accommodation services providers and numerous others.
SAMSA also indicates, however, that the with expanded bunkering services to include offshore ship to ship services, so also increased exponentially risks to the environment inclusive of wildlife.
The risks associated directly with both the increase in vessel traffic anchoring locally for bunkering services, as well as incidents of potential and actual oil spills.
Notably, according to SAMSA, there has been four (4) oil spills recorded involving about 1,6 tons of fuel that impacted the local ocean environment in Algoa Bay, Gqeberha, and the last of which was in May 2022.
To mitigate against this aspect and find balance to enhancement of both the massive economic opportunity but also the strict protection of the environment, SAMSA led initiatives falling within the scope of its own mandate, for the development of appropriate bunkering services management measures.
Among these were the introduction of the South African Bunkering Code of Practice and Ship-to-Ship Codes of Practice for use as guidelines to services providers, as well as the formation of an Offshore Operations Stakeholder Forum (OOSF) with three working groups focussed on environment, industry development as well technical aspects of the bunkering services subject.
On Tuesday’s event in Durban, SAMSA says the platform is reflective and exemplary of its unwavering commitment to work closely with maritime industry stakeholders in pursuit for fulfilment of its mandated objective to ensure effective sustainable safety measures to protect life and property at sea, prevent and combat pollution of the sea environment by the ships, and promote South Africa’s maritime interests.
“This event will also serve as a platform for sharing knowledge, debating critical issues, and charting a forward-looking course for bunkering activities in South Africa as well as those that are in hindsight,” said SAMSA.
South Africa may be acknowledged globally as being among leading maritime countries with advanced standards for sound labour working conditions in its commercial fishing subsector, but the country is not about to let up.
Instead, armed with a basket of laws, regulations, and international conventions; moves are foot to strengthen its work on the regulation and maintenance of sound labour working conditions for the country’s commercial fishing sector, now undertaken jointly through enhanced coordination, consolidation and collaboration involving three key state departments.
These include the Department of Transport (DoT) through the South African Maritime Safety Authority (SAMSA), the Department of Forestry, Fisheries and Environment and – for the first time – the Department of Employment and Labour (DEL) as well as the South African International Maritime Institute (SAIMI), the latter responsible for seafarers training.
This emerged this past week in Gqeberha, Eastern Cape province, where 30 officials from the various state departments, inclusive of SAMSA and SAIMI, were taken through a three-day capacity building course on detection of forced labour on board fishing vessels, conducted by the International Labour Organisation (ILO). The ILO is a sister United Nations (UN) organisation to the International Maritime Organisation (IMO).
It was during this gathering at the Nelson Mandela University’s Ocean Sciences Campus – from 09-11 April 2024 – where it was divulged for the first time that South Africa’s DEL is in the process of finalising and signing a Memorandum of Understanding (MOU) with SAMSA to facilitate the active ongoing engagement of DEL officials in labour related matters in the country’s commercial fishing subsector, inclusive of vessels inspections.
The MOU between DEL and SAMSA, it emerged, is intended to both facilitate the harmonious regulation of labour working conditions under a set of DEL’s basket of labour legislation – such as the Basic Conditions of Employment Act, Labour Relations Act and related – with those provided for by the Merchant Shipping Act administered by SAMSA, as well as to bolster the number of inspectors.
According to both SAMSA and DEL officials present at the training workshop in Gqeberha, the MoU is due to be signed soon.
The officials from the respective entities included SAMSA Chief Operations Officer, Mr Sobantu Tilayi, and DEL’s Director for Advocacy and Stakeholder Relations in the Inspections and Enforcement Directorate, Dr Pravine Naidoo, in the company of DFFE’s Deputy Director in the Chief Directorate for Monitoring, Control and Surveillance, Ms Delricia Augustus, and ILO South Africa based officials, Mr Simphiwe Mabhele and Ms Resh Mehta.
On the three-day course for the 30 government officials on detection of forced labour on commercial fishing vessels, all the officials held the same opinion that this was an acute problem even in South Africa, although evidence remained largely anecdotal.
However, reliance on anecdotal evidence should come to and end before year-end as the ILO in South Africa is currently conducting a thorough study of the country’s commercial fishing sector to establish some baseline information on both its size as well as activities.
According to the ILO, the fishing sector globally has a high prevalence of forced labour, with an estimated 128,000 fishers trapped in forced labour at any given time.
Apparently, key contributing factors to the malaise of rights violations in the fisheries sector involve the combination of weaknesses in the labour inspection regime, poor working conditions, and overlapping legislation, sometimes leading also to labour exploitation involving non-payment of wages, excessive working hours, and inadequate safety measures.
South Africa ratified the ILO Work in Fishing Convention, 2007 (No. 188), which sets international labour standards for fishing vessels and fishers and was among the first countries globally to implement it.
The ILO’s Capacity Building Programme aims to strengthen the capacity of the South African government, SAMSA, DFFE, and DEL inspectors to detect and identify forced labour on fishing vessels.
The training components included sessions on international labour standards, identification of forced labour indicators, links between illegal, unreported, and unregulated (IUU) fishing and forced labour, inspection protocols, and the collection of evidence.
The 30 officials attending the ILO course were taken through various aspects of both international and domestic law, and current best practices in forced labour detection. Presentations by subject experts in the field included:
South Africa’s national legislations applicable to fishing sector labour
Forced labour identification tools and inspection protocols,
Links between forced labour, human trafficking, and human smuggling in the fishing sector
Non-government allies in forced labour identification
Communicable and non-communicable diseases on board fishing vessels
The piloting of the South African Stardard Operating Procedures (SOP) and referral mechanism
With the course underway at NMU, this blog took advantage of the presence of the various officials and conducted a series of interviews with each of available officials present at the Ocean Sciences Campus.
In addition to his opening remarks of the training workshop (video below) we chatted with Mr Tilayi from SAMSA (last video below) for insights into both the significance of the soon to be entered into MOU with the DEL as well as ongoing training of SAMSA surveyors involved in the commercial fishing subsector. For his views, please click on last video below.
An opening address by Mr Sobantu Tilayi. SAMSA COO
DFFE’s Ms Delricia Augustus (video below) elaborated on the role of the department and its necessary collaboration with SAMSA, the DEL and others on the proper regulation of the fishing sector with respect to sound working conditions of labour.
Dr Pravine Naidoo of the DEL (video below) spoke at length about why it mattered that the department strengthens its presence and activities in the country’s commercial fishing, sector as well as on expectations of outcomes of its formalised close collaboration with SAMSA, alongside the DFFE.
Next up were the two ILO officials, Mr Mabhele and Ms Mehta, (respective videos below) wherein highlights included an overview of the ILO’s relations with South Africa on maritime sector conventions, specifically the Working in Fishing Convention, 2007 (C.188) and subsequent conventions, ongoing engagements inclusive of continued training of inspectorate officials, as well as the research currently underway in the country’s commercial fishing sector, and due for publication in September this year.
Development of South Africa Maritime Sector Decarbonisation Roadmap is now well on track following to an inaugural roundtable meeting of the sectors’ key role players, led by the Department of Transport (DoT) and the South African Maritime Authority (SAMSA); in Newlands, Cape Town, a week ago.
According to SAMSA, the Ministerial roundtable on development of a Maritime Sector Decarbonisation Roadmap is South Africa’s latest tacit response and contribution towards pursuit for fulfilment of its commitment to implementation of the International Maritime Organisation (IMO) 2023 Strategy on Reduction of GHG Emissions from Ships.
The revised IMO GHG Strategy, according to SAMSA, includes an enhanced common ambition to reach net-zero GHG emissions from international shipping by or around 2050, a commitment to ensure an uptake of alternative zero and near-zero GHG fuels by 2030, as well as indicative checkpoints for 2030 and 2040.
Among other factors, ‘indicative checkpoints’ to reach net-zero GHG emissions from international shipping include strife for reduction of total annual GHG emissions from international shipping by at least 20%, striving for 30%, by 2030, compared to 2008; and reduction of total annual GHG emissions from international shipping by at least 70%, striving for 80%, by 2040, compared to 2008.
South Africa as a member of the IMO, said SAMSA, has a responsibility to progress the decisions of the organisation, with SAMSA expected to lead the implementation of such decisions, in line with objective 3 of the SAMSA Act.
There had now developed concerns, however, that “with the adoption of the revised 2023 IMO GHG Strategy, South Africa is still to develop its own roadmap on achieving the vision and targets aimed at decarbonising shipping.
“To advance the objectives of the GHG strategy and implementation of the developed IMO regulations aimed at decarbonising shipping, South Africa is still to finalise the legislative instrument to give effect to Annexure VI (Energy Efficiency of Ships) of the MARPOL Convention.”
Thus, according to SAMSA, the roundtable discussion on Friday last week was aimed at initiating a crafting phase of South Africa’s maritime approach and alignment to climate change programmes for purposes of GHG emissions reduction as contained in the IMO strategy.
Precisely, said SAMSA, the focus was on various issues, inclusive of an assessment of the country’s strategic approach to the subject relative to its geographic location, the country’s potential to produce clean fuels based on its renewable energy resources, the identification of possible green corridors, possible best approaches to leveraging economic opportunities such as clean fuels bunkering – over and above reduction of domestic emissions – and the potential impact of the entire exercise on the country’s economy inclusive of trade.
At last week’s roundtable meeting, in response to the Minister of Transport, Ms Sindisiwe Chikunga’s call for action, in addition to SAMSA senior management as well as the entity’s Board chairperson, Mr Mahesh Fakir, participation included representatives of the IMO (World Maritime University), South Africa ship owners and operators, the country’s ports authority (Transnet National Ports Authority), mining, environmental, energy, education and training, and related industry associated experts.
Also attending was about a dozen of about 30 officials from various South African public institutions and private maritime sector companies who’d earlier in the week, spent four (4) days in Cape Town on an executive professional development training course on Maritime Energy Management and Decarbonisation conducted by the World Maritime University.
The lineup of speakers and contributors to the discussion, included DoT Deputy Director, Maritime Branch; Mr Mthunzi Madiya (officially representing the Minister of Transport), SAMSA Board Chairperson Mr Mahesh Fakir, SAMSA Acting CEO and COO, Mr Tau Morwe and Mr Sobantu Tilayi, respectively; Mr Mkhuthazi Teleki (Department of Forestry Fisheries and Environment), Mr Tauqeer Ahmed (TNPA), Mr Andrew Millard (Vuka Marine), Mr Dan Ngakane (African Marine Solutions), Mr Sanda Zungu (Phalaborwa Mining Company), Dr Ita Mabaso (PetroSA), and Mr Johannes Bochdalofsky, co-founder and CEO of SeaH4.
At the conclusion of the discussion, SAMSA Chief Operations Officer, Mr Sobantu Tilayi summed up the day as having been ‘most productive, with great progress.” For his full remarks, click on the video below.
SAMSA Chief Operations Officer, Mr Sobantu Tilayi on the outcomes of the Ministerial maritime sector decarbonisation roadmap development roundtable held in Cape Town
For SAMSA ACEO, Mr Tau Morwe’s introductory remarks, click on the video below.
For the Minister, Ms Chikunga’s key opening address (presented by Mr Madiya), click on the video below.
For SAMSA Board chairperson, Mr Mahesh Fakir’s concluding remarks.
Additionally, for further insights into the four (4) day workshop held earlier in the week preceding the roundtable discussions, conducted by the World Maritime University, this blog chatted briefly, separately, with both SAMSA’s Acting Chief Human Capital Officer, Mr Tebogo Mojafi, and one of the course conductors, Professor Dr. Aykut I. Ölçer.
For their respective remarks, click on the videos below.
Approximately 24 months ago, South Africa’s maritime sector bowed its head with deep felt disappointment when the country lost its International Maritime Organisation (IMO) Category C Council seat by a flimsy margin for the 2022-2023 biennium ending this month November 2023.
The IMO Council Category C elections at the time involved 20 States deemed to have special interests in maritime transport or navigation and whose election to the Council ensures the representation of all major geographic areas of the world, but had not been elected under Category A or B.
South Africa, a previous a Council member up to that point, along with Nigeria, Kenya, Egypt, and Morocco, were the five African IMO Member States and candidates vying for a seat in the IMO 40-Member Council 2022-2023 biennium. Only Egypt, Morocco, and Kenya retained their seats.
The next round of elections for the 2023-2025 biennium takes place once again in London on Friday, 01 December 2023, with South Africa, led by the Minister and Department of Transport, assisted by among others, the South African Maritime Safety Authority (SAMSA), are more than willing to wrestle back a seat so as restore the country’s representation of itself, southern Africa, and the African continent broadly on the IMO Council.
Boasting a long-standing relationship with the IMO since 1948 in an observer status, prior to eventually gaining full membership in 1995, South Africa ’s campaign for a re-election in December 2023, with the theme: Sailing into a Sustainable Maritime Future, began in earnest more than a year ago, involving variable approaches to lobbying for support in various countries and maritime organisations in Africa and globally.
However, the build-up gained significant momentum from the time South Africa hosted the IMO’s World Maritime Day Parallel Event in Durban, attended by delegates from the body’s 175 Member States from across the world. Other engagements with relevant stakeholders in the South Africa campaign have since been held and continue in the build up to election day scheduled for Friday.
Based on campaign documentation including a brochure developed for this year’s event, among South Africa selling points is the country’s natural geolocation attributes, its long history of direct involvement and progressive contribution to both domestic and global maritime administration and development aspects through the IMO and associated fraternal organisations, regionally and internationally, as well as its positive prospects across a broad range of aspects including human development, modern infrastructure, technological advances etc.
On this year’s round of elections according to the IMO, a total 46 candidates (11 for Category A, 10 for Category B and 25 for Category C) have been confirmed, with China, Greece, Italy, Japan, Liberia, Norway, Panama, Republic of Korea, Russian Federation, United Kingdom of Great Britain and Northern Ireland, and United States contesting the A category’s 11 seats.
For the 25 Categories C Council seats, South Africa, one of only three African countries contesting this time around, is grouped with 20 Member States which, according to the IMO; are “… not elected under (a) or (b)… [and]… which have special interests in maritime transport or navigation, and whose election to the Council will ensure the representation of all major geographic areas of the world.”
The list comprises Bahamas, Bangladesh, Belgium, Chile, Cyprus, Denmark, Egypt, Finland, Indonesia, Jamaica, Jordan, Kenya, Malaysia, Malta, Mexico, Morocco, Peru, Philippines, Poland, Qatar, Saudi Arabia, Singapore, South Africa, Thailand, and Türkiye.
After a long delay occasioned by the devastating outbreak of the global Covid-19 pandemic in December 2019 that led to intermittent national shutdowns for over two years, the rollout of a public awareness campaign about South Africa’s national oil spill contingency plan (NOSCP) is finally underway, with the two Indian Ocean commercial ports of Gqeberha, Eastern Cape province being the first to host the rollout.
Conducted by the South Africa Interim Incident Management Organisation (IMorg) the NOSCP roadshow kicked off at the port of Gqurha, in Algoa Bay near Gqeberha (a.k.a Port Elizabeth) on Tuesday and continued on Wednesday.
Attended by more than 80 people on Tuesday, including representatives of key role players such as the Department of Transport (DoT), South African Maritime Safety Authority (SAMSA), Department of Forestry, Fisheries and Environment (DFFE), the Transnet National Ports Authority (TNPA), environmental organisations and related, according to IMorg, the purpose of the roadshows is to inform and enhance public awareness about the revised NOSCP for the 2019-2024 period, and attendant response strategies to oil spills and related incidents at South Africa’s oceans.
The IMOrg, a virtual organisation chaired by the DoT and SAMSA as the co-chair and secretariat, is South Africa’s preparedness forum for joint Government and ndustry response to oil spills within South Africa’s exclusive economic zone (EEZ) of approximately 1.5-million km² across the Atlantic, Southern and Indian Oceans.
Launched in 2017, as a deliverable of the Operation Phakisa Oil and Gas laboratory B1 initiative, for joint Government – industry emergency drills, IMOrg’s membership is drawn broadly from across various sectors of society inclusive of State departments, private sector industries as well as non-governmental institutions.
Capt. Ravi Naicker. SAMSA Centre for Sea Watch & Response and IMOrg senior official
According to Capt. Ravi Naicker of the SAMSA Centre for Sea Watch and Response, and the entity’s main representative in IMorg, the DoT has a legal responsibility of providing and fulfilling South Africa’s statutory obligations towards marine pollution prevention response along the country’s coastline of more than 3 000 kilometres. This in terms of powers provided in the Marine Pollution (Control and Civil Liability) Act 6 of 1981, Marine Pollution (Prevention of Pollution from Ships) Act 2 of 1986 and in the Marine Pollution (Intervention) Act 64 of 1987.
“These Acts impose obligations on ships and installations and further give power in respect of pollution casualties in so far as pollution occurs, or threatens to occur within waters under South African jurisdiction, being waters comprising the internal and territorial waters, the exclusive economic zone, etc.
“The International Convention for the Prevention of Pollution from Ships (MARPOL) is the main international convention covering prevention of pollution of the marine environment by ships from operational or accidental causes.
“Domestically, the Constitution (Act No. 108 of 1996: Section 24 of the Bill of Rights): provides that everyone has a right to an environment that is not harmful to their health or well-being and to have the environment protected for the benefit of the present and future generations through reasonable legislative and other measures.
“The latter section illustrates clearly that the government has a legal obligation to protect the environment through the development and the implementation of the Plan to fulfil this obligation amongst other statutory legislative measures put in place.
“These rights and obligations are embedded in the supreme law in South Africa, which is the Constitution and affords every citizen access to petition a competent court of law to hear the matter and enforce their rights or perceived violations.
“Furthermore, the 2017 version of the South African Comprehensive Maritime Transport Policy makes provision for the DoT, in co-operation with other Departments and agencies, to maintain a comprehensive Contingency Plan to ensure compliance with the provisions of the International Convention on Oil Pollution Preparedness, Response and Co-operation, 1990 (OPRC),” he says.
On what the revised NOSCP now entails and why it is important to enhance public awareness about its provisions, Capt. Naicker says the implementation framework is critical for broad public knowledge and understanding.
The framework, he says, outlines a range of issues including the role and responsibilities of the persons and parties involved in a national response to a marine oil spill in South Africa, relevant information and recommended procedures on appropriate action in the event of an oil spill, arrangements allowing for a rapid and co-operative response to marine oil spills within defined areas, and processes related to the provision of national and international support.
“The NOSCP recognizes that no two incidents are ever the same and therefore the level and intensity of a response varies from incident to incident. The plan is complemented by Government and Industry contingency plans prepared at regional, port and facility levels. Matters of detail are contained in local, site specific, contingency plans,” he says.
A most critical aspect of the NOSCP, according to Capt. Naicker, is the adoption, introduction, and application in South Africa of the International Maritime Organisation (IMO) endorsed Incident Management System (IMS) and about which, he says; offers “..a well-structured and inclusively accepted offshore oil spill response management system.’
The IMS scope covers incidents management aspects including the setting up of command structures, planning, operations, logistics and finance arrangement. Broken down into two categories, the IMS consists of three modules – IMS 100, 200 and 300 – involving desktop training of participants, and practical on-the-field real time incident management training in simulated oil spill exercises at sea.
To date, more than 50 people have undertaken the training, conducted variously by international experts including the Global Initiative for West, Central and Southern African (GI-WACAF) Project, International Petroleum Industry Environmental Conservation Association (IPIECA).
On why the IMorg’s NOSCP roadshow started in the Algoa Bay ports of Ngqurha and Port Elizabeth, Capt. Naicker says this was based on IMOrg’s recommendations that environmentally highly sensitive ports be prioritised, a stance fully supported by especially environmental groups such as the Southern African Foundation for the Conservation of Coastal Birds (SANCCOB).
The Algoa Bay’s high risk profile for oil spill contingency plans is based both on the existence and operations of two major commercial ports and a ship-to-ship bunkering operation in the area and alongside which are a diverse wildlife including bird colonies.
For this blog’s brief chat with Capt. Naicker, click on the video below.
For a brief chat with SANCCOB’s representative at the Ngqurha port leg of the roadshow, Ms Monica Stassen click below.
For a brief chat with DFFE & IMOrg official, Ms Feroza Albertus.
Global celebrations of the Day of the Seafarer on 25 June 2023 – falling on Sunday this year – shifts its focus somewhat from welfare-centric matters towards one key environmental issue of general concern in the maritime sector: sea oil pollution and current as well as future mitigating measures against it.
According to the Department of Transport (DoT), lead organisers of South Africa’s marking of the annual International Maritime Organisation (IMO) event, to be hosted in coastal cities; Durban Gqeberha and Cape Town on Tuesday, 27 June 2027; the theme for this year’s celebrations, as endorsed by IMO is: Marpol at 50 – Our Commitment goes on.
The South African Maritime Safety Authority (SAMSA) which jointly with the South African International Maritime Institute (SAIMI) will co-host the event in Durban and Gqeberha, respectively, says the theme spotlights the International Convention for the Prevention of Pollution from Ships (MARPOL), which covers prevention of pollution of the marine environment by ships from operational or accidental causes.
“It also reflects the IMO’s long history of protecting the environment from the impact of shipping via a robust regulatory framework, whilst emphasizing its ongoing commitment to this important work.
“The theme is also linked to pursuing the United Nations (UN) 2030 Agenda for Sustainable Development and its 17 Sustainable Development Goals (SDGs) which include affordable and clean energy (SDG 7); industry, innovation, and infrastructure (SDG 9); climate action and sustainable use of the oceans, seas and marine resources (SDGs 13 and 14); and the importance of partnerships and implementation to achieve these goals (SDG 17),” says SAMSA.
Transnet’s N-Shed hal at the port of Durban, the venue of this year’s leg of the marking of the Day of the Seafarer to be hosted by SAMSA on Tuesday, 27 June 2023
Hosted simultaneously at the coastal cities, with SAMSA in Durban, SAIMI in Gqeberha, and the DoT in Cape Town on Tuesday, the day’s proceedings will, in addition to a key address by the Minister of Transport, Ms Sindisiwe Chikunga; involve panel presentations and engagements focussing on what the public and private sectors, education institutions and related in South Africa, are doing jointly or individuals as groups, to contribute to the realisation of goals of the IMO Marpol Convention, as consistent also with the UN’s sustainable development goals.
The event, to which seafarers will fully participate and contribute, is scheduled to start at 08h30 and end at 15h00 in all three cities.
