DoT/SAMSA embark on national stakeholder consultations over raft of new gazetted amendments to Merchant Shipping Act.

Pretoria: 27 October 2022

With proposed changes as well introduction of new regulations numbering no less than five (5) all relating to the administration of certain key aspects of the country’s maritime economic space, most under Merchant Shipping Act, the South African Maritime Safety Authority (SAMSA) is to embark on an extensive national consultation with relevant stakeholders.

The idea is to ensure broader and closer interactive reach to stakeholders for their views and inputs during November 2022, the Department of Transport (DoT) agency announced in Pretoria on Tuesday.

The announcement in a Maritime Information Notice (MIN14-22) published on its website just before lunch on Tuesday, states that: “The Minister of Transport intends, in terms of section 356(2)(a) of the Merchant Shipping Act, 1951 (Act No. 57 of 1951) and on the recommendation of the South African Maritime Safety Authority (SAMSA) to amend (certain) Regulations.

“SAMSA has, in the process, issued a Notice in Government Gazette Number 47300 issued on 14 October 2022, calling for public comments on the draft Regulations.

“These include:

The Merchant Shipping (Safety of Navigation) Amendment Regulations, 1968;
The Merchant Shipping (Dangerous Goods) Amendment Regulations, 1997;
The Draft MS (Crew Accommodation) Regulations, 2023 which seeks to repeal the 1961 Regulations;
The Draft Merchant Shipping (Construction and Equipment of Fishing Vessels of 24 Metres in Length and Over) Regulations, 2022; and
The Draft Merchant Shipping (Construction and Equipment of Fishing Vessels of Less Than 24 Metres in Length and Equal to or More Than 25 Gt.) Regulations, 2022.

According to SAMSA, electronic copies of the Draft Regulations are available on its website at https://www.samsa.org.za/Pages/SAMSADraftRegulation.aspx and may also be requested from two SAMSA officials, Messrs Bulelani Ncanywa at bncanywa@samsa.org.za or Crispen Camp at ccamp@samsa.org.za

SAMSA says: “ Interested persons are hereby invited to submit written comments on these Draft Amendment Regulations on or before the 15 November 2022 to the Chief Executive Officer.” Specific address details for the submissions are given on the MIN which may also be obtained through the following link on the SAMSA website

Meanwhile however, in order to facilitate personal stakeholder engagement on the Draft Amendment Regulations, the agency says it will conduct various workshops around the country, beginning with Cape Town on 09 November, followed by Gqeberha (previously Port Elizabeth) on 16 November and Durban on 23 November 2022.

In Cape Town, SAMSA will utilise its Cape Town office training centre as a venue for the stakeholder consultation in its Western Region, while venues for the rest of the consultative meetings for the Southern Region (Mossel Bay/Gqeberha/East London) and Eastern Region (Durban/Richards Bay) will be confirmed and announced in due course.

Once the consultation have been completed, a report will be filed with the DoT, says SAMSA

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South Africa’s stevedores back in business, applauds resumption of supportive SAMSA periodic safety meetings and workshops!

Cape Town: 20 June 2022

Stevedoring business at South Africa’s coastal areas, mainly the country’s commercial ports, has warmly welcomed the resumption of periodic safety meetings and workshops conducted for their businesses by the South African Maritime Safety Authority (SAMSA). The gatherings bring together the stevedoring companies, Transnet National Port Authority (TNPA) and Transnet Port Terminals (TPT).

This emerged strongly at the third and biggest of these meetings conducted so far this year by SAMSA at the TNPA House at the port of Cape Town a week ago – these being the first in quarterly series since being interrupted by the outbreak of the Covid-10 pandemic in South Africa in February 2020.

The meetings are primarily for safety issues. However, the practitioners in the subsector feel comfortable to bring industry development related issues to the forum.

*_{SAMSA manager for Occupational Health, Safety and Maritime Welfare, Mr Sibusiso Rantsoabe leading a stevedore business safety meeting in Cape Town on Wednesday, 16 June 2022}*

According to SAMSA manager for Occupational Health, Safety and Maritime Welfare, Mr Sibusiso Rantsoabe, the stevedoring business meetings, now in their 12th year; are held among the main stakeholders with a view to periodically share both general information of good business practices in that specific maritime economy subsector, developments relating to applicable legislation governing both the conduct of stevedoring business, as well as matters concerning the maintenance of good health and safety standards.

Stevedoring essentially involves the loading and off-loading of goods from cargo vessels, as break bulk and containers as well as the conduct of business related thereto.

Generally, says Mr Rantsoabe, as many as 30 registered and licensed companies are responsible for stevedoring at the country’s ports: – from Richards Bay and Durban in the east, East London, Ngqurha, Port Elizabeth in the south, and Cape Town and Saldanha Bay in the west coastline.

In terms of applicable legislation, from a SAMSA perspective, the National Merchant Shipping Act, 1951 is primary; providing for codes of practices and regulations that govern matters of occupational health and safety and cargo handling on board vessels.

It is on the basis of this legislation and codes and regulations that SAMSA also conducts regular inspections as well as audits in the subsector at the country’s ports and stevedore premises, this deriving from its legislated mandate for ensuring the safety of life and property at sea.

_{Representatives of stevedore businesses at the ports of Cape Town and Saldanha gathered in Cape Town for this year’s first SAMSA stevedore safety meeting.}

In Cape Town on Wednesday last week, no less than 14 of these companies were represented at the first Stevedoring Safety Meeting since 2020 and the enthusiasm in the meeting room was palpable.

This was particularly apt given what was described by many as a most torrid time the stevedoring business in the country encountered during the major national lockdowns brought about by the outbreak of the Covid-19 pandemic.

Research findings shared by SAMSA at the Cape Town meeting indicated that while the majority (about 95%) of the stevedoring businesses were sparred the spate of Covid-10 pandemic deaths among their employees, however; close on half incurred either a ‘bit more’ or a ‘lot more’ business running costs compared with the pre-pandemic outbreak period.

It also emerged that during the periodically disrupted operations, stevedores were not provided with adequate Personal Protective Equipment, in addition to other associated challenges that included a lack of occupational safety inspections before the beginning of shifts, lack of supervision in instances where foremen and supervisors were not found on board vessels, signallers working without signalling equipment or found not in their correct positions during cargo operations.

However, with Covid-19 pandemic restrictions having slowly been lifted nationally over the past year, and goods shipment worldwide beginning to pick again, the stevedoring business is now almost fully back at work.

At the conclusion of the Cape Town Stevedore Business Safety Meeting, this blog spoke to Mr Whaleed Diedericks, a business owner of Pebblehouse Stevedoring at the port of Cape Town, to solicit his views on the significance and importance of these SAMSA conducted stevedore subsector meetings and workshops. To view, click on the 6 minutes video below.

_{Mr Whaleed Diedericks, a stevedore business owner at the port of Cape Town sharing his perspective of SAMSA Stevedore Safety Meetings now back on track after a two year absence due to the outbreak of the Covid-19 pandemic in 2020}

Meanwhile, Mr Rantsoabe also took time to outline broadly the developments in the stevedore business from a SAMSA perspective, explaining why the meetings and workshops are pivotal to the success, sustainability as well as growth and expansion of this maritime economy business subsector: To view, click on the video below:

_{A brief interview with Mr Sibusiso Rantsoabe, SAMSA Manager for Occupational Health, Safety and Maritime Welfare, outlining briefly the significance and importance of the country’s stevedore business focused periodic safety meetings and workshops resumed in 2021 after a break of two years due to the outbreak of the Covid-19 pandemic.}

End.

Algoa Bay clean-up continues as shipowner files to cover costs – SAMSA

Pretoria: 23 November 2021

The monitoring of beaches and islands nearby Algoa Bay for ship fuel spread continues, while an investigation is underway into an oil spillage offshore that occured a week ago while a cargo vessel was taking bunkers, the South African Maritime Safety Authority (SAMSA) reports.

According to SAMSA in a statement in Pretoria on Tuesday, the investigation into the incident – conducted in terms of Section 264 of the Merchant Shipping Act 1951 (preliminary enquiry into shipping casualties) as well as principles outlined in the International Maritime Organisation (IMO) Mandatory Casualty Investigation Code’, may take anything up to 30 days to conclude.

However, in the meantime, SAMSA said the registered owner of the Croatia-flagged vessel named MV Solin, April Marine Inc, had already provided a “Letter of Understanding” to cover the costs of the clean-up.

The clean-up, now also involving a handful of wild birds – three Cape Garnets and one African Penguin found so far to have been contaminated – continues, with a service provider appointed to also remove tar balls found in the area and which will be examined to establish their origin and possible association with the oil spillage last week.

At the time of the incident, SAMSA said about about 80 liters of oil made it into sea water while the vessel was being refuelled.

In the statement on Tuesday, said SAMSA: “The South African Maritime Safety Authority (SAMSA) and other stakeholders including the Department of Forestry Fisheries and Environment (DEFF) continues to monitor and investigate an oil spill that occurred during a vessel bunkering operation on the 17^th of November at 13H15 in Algoa Bay.

“To date, a small amount of emulsified heavy fuel oil, commonly known as Tar Balls has washed ashore along the beach between Hougham Park and Sundays River. A service provider has been appointed to remove the tar balls, samples were collected and submitted to SAMSA to determine if the oil is from this incident.

“To date four (4) birds ( three Cape Garnets and one African Penguin) were found to be contaminated by oil and have been captured and are being cared for by the Southern African Foundation for the Conservation of Coastal Birds (SANCCOB).

“The beaches and islands are being monitored daily when weather permits for any additional oil/tar balls or oiled wildlife. The vessel Insurer is providing a “Letter of Undertaking” to cover the costs of the clean-up operation and the vessel should be released soon,” said SAMSA.

Meanwhile, in relation to another recent ship incident in St Helena Bay off the west coast, involving the foreign vessel known as NS Qingdao, SAMSA reported that due to bad weather in the area over the last few days, the vessel had to be ordered back offshore as a precautionary measures to prevent possible further exposure of its cargo to dangerous weather elements.

“Due to the wind and recent rains in St Helena, the cargo holds of the NS Qingdao were closed to prevent further incidents and she was instructed to sail 20 nautical miles offshore from St Helena as a precautionary measure.

“The aim is to open and ventilate the cargo hold offshore due to the excess buildup of toxic fumes in the hold. Once the hold is properly ventilated, the vessel will return to St Helena to continue the discharge operation. She is being escorted by the tugs Umkhuseli and SA Amandla.

“NS Qingdao was on safe anchorage in St Helena Bay where she was towed after her chemical cargo become unstable due to contact with rain whilst discharging in the port of Durban,” said SAMSA.

End.

South Africa’s inland waters strategy comes under national govt spotlight this week Friday – and SAMSA says it’s fully onboard

Pretoria: 19 October 2021

The launch of South Africa’s inland waters strategy by the Minister of Transport, Mr Fikile Mbalula at the Vaal Dam in southern Gauteng province on Friday this week marks a critical and crucial turning point for the country in terms of effective and efficient management of inland water spaces, particularly with regards to collaborative efforts towards enhancement of human and environmental safety and wellness.

That is according to the South African Maritime Safety Authority (SAMSA, the country’s primary agency statutorily for maritime and marine safety inclusive of both people and water vessels across the country’s three oceans as well as inland waters such as dams and rivers.

SAMSA’s main focus area in terms of the country’s inland waters is the promotion and enhancement of safety as well as environmental protection with regards boating use in various categories in terms of the South African Merchant Shipping Act 57 of 1951 (National Small Vessel Safety) Regulation, 2007, as amended; which extends its overall original 1998 founding Act mandate to include inland waterways within or accessible to the public within the Republic.

According to SAMSA, the legislation provides for, among things; regulations for each specified category of vessels – from small to big – with particular regard to requirements for their construction and use,whether for commerce, leisure or such other use on South African waters.

The Inland Waters Strategy to be launched on Friday itself, according to the Department of Transport, aims to “find the right balance between an emphasis on education and encouraging personal responsibility and the need for the implementation of the National Small Vessel Safety (NSVS) Regulations in a manner of co-operative governance and other measures for an effective inland waterway safety regime.

“The implementation of the goal-oriented, intergovernmental co-operative strategy that underpins regulation, compliance, education, communication and awareness will greatly assist in promoting a culture of safe and responsible boating. This must be implemented in the spirit of co-operative governance between national, provincial and local government, as well as Industry and communities using, or living next to the inland waters.”

Therefore SAMSA has been working closely both with the Department of Transport – its parent government department – other national and provincial government bodies and institutions as well as private sector and independent bodies to contribute to formulation of the Inland Water Strategy.

In addition, SAMSA says it had also begun rolling out a series of training programmes and workshops for small boats owning or operating communities across the country since about a year ago, all to assist South Africans with both enhanced awareness and knowledge of the requirements of the raft of NSVS regulations under the Act.

Specifically tasked with the assignment is its dedicated boating section led by Ms Debbie James as manager, along with a set of highly technically skilled officers that serve both as surveyors as well as training providers.

Recently added to the SAMSA boating section team are a group of youths with basic seafaring skills and experience who are undergoing training as Marine Officers over a two year period. (see video below)

Over the next few years the SAMSA boating section team will be intensifying its reach across South Africa’s thousands of dams that are geographically widespread, some on 23 large rivers and many estuaries located over a large area of the country, in all nine provinces, to engage for law compliance owners and operators of as many as an estimated 1.2 million small vessels, commonly known as boats, that operate in South Africa, mostly for sport, recreation, tourism and subsistence fishing by local communities.

On Friday this week SAMSA will further outline with much finer detail the length and breadth of current and future planned activity relating to the Inland Waters Strategy and the latter whose detail is scheduled to be unpacked by both its owners, the Department of Transport as well others key roleplayers; among them the Department of Fisheries, Forestry and Environment (DEFF), the South African Police Services (SAPS), the South African Navy, boating associations and related institutions both in the public and private sectors.

In the meantime, this blog caught up with members of the SAMSA boating section embarking on the nationwide training workshops programme to glean on their recent and current activitity. For that story, please see the section below.

This SAMSA blog also took time to chat to the three young seafarers at the agency undergoing training as Marine Officers and part of whose current training involves boating surveys. For the full interview click on the video below.

SAMSA ON NATION-WIDE SMALL BOATS TRAINING WORKSHOPS WITH CORPS OF THREE YOUNG SEAFARERS UNDERGOING TRAINING AS MARINE OFFICERS ON TOW

SA’s small watercraft vessels owners and users’ compliance with law is receiving a boost with SAMSA’s increasing national training workshops.

The onset of the Covid-19 pandemic and its sickness and fatal impacts on people the world over, has without doubt affected negatively a whole range of human activity across sectors of society, inclusive of leisure involving the widespread use of small vessels in South Africa’s open water spaces, both adjacent the oceans as well as inland.

With people having endured no less that a year and half under national lockdown characterised by intermittent levels of lockdown intensity – from a total shutdown at Level 5 to a more relaxed one at Level 1 – and now with vaccinations on a wide scale, a reasonable expectation is that many are itching for social outdoor leisure to begin in earnest.

For some this means taking time out for boat ride on the country’s rivers, dams, lagoons and related if only for a care free relaxation.

However, according to the South African Maritime Safety Authority (SAMSA) boating section, a “carefree relaxation” on small water vessels anywhere in the country actually comes with a lot of responsibility both for those that own the small watercrafts, just as is the case for those that board them on water, for any reason.

In addition to general safety, that’s partly because in terms of South African law, all vessels used for any reason on South African waters, both at sea as well as on open water spaces such as rivers, dams, lagoons and similar; must be approved for such use inclusive of licencing of both the vessels as well as crew personnel in some cases.

Governing the use of small vessels in the country under SAMSA is a set of regulations contained in the Merchant Shipping Act 57 of 1951 as amended periodically. The legislation provides for regulations for each specified category of vessels – from small to big – with particular regard to requirements for their construction and use, whether for commerce, leisure or such other use on South African waters.

To assist South Africans with both awareness and knowledge of the requirements of this raft of regulations under the Act, SAMSA conducts training courses and some in cases, licensing for both owners of vessels as well as State appointed rangers, peace officers, surveyors and related with a direct role in ensuring the proper utilisation of the vessels.

Pontoon boats training

Among most recently held courses conducted periodically, on an ongoing basis countrywide was one for pontoon vessel surveyors in June 2021 in Saldanha Bay over two days. According to SAMSA, pontoon boats, otherwise also known as rafts and used on sheltered waters (Category R vessels), are of unique construction.

“A pontoon boat is a boat used for navigation on water, however propelled or moved, consisting of two or more flotation (hull) units to which a deck or decks are attached and on which persons are able to be supported on. The essential difference between a pontoon boat and a conventional boat is that the deck(s) are not integral to the hull of the boat.”

In terms of legislation, as articulated in SAMSA’s Marine Notice 26 of 2011, construction and functionality of the class of small vessels is governed by the Merchant Shipping (National Small Vessel Safety) Regulations, 2007 along with all non-pleasure vessels of less than 25 GT which proceed to sea and/or are used on sheltered waters, pleasure vessels of less than 100 GT which proceed to sea and/or are used on sheltered waters and all vessels used on inland waters.

The training workshop’s co-coordinator, SAMSA Centre for Boating manager Ms Debbie James, said the two-day workshop held in Saldanha Bay in June was targeted at all boating surveyors, (both SAMSA’s and those external) as well as safety officers and focused solely on Category R pontoons not used for ferrying passengers. Training on passenger-ferrying pontoons is limited to SAMSA surveyors as, according to Ms James, they are the only one allowed by law to inspect that class of the small vessels.

She said: “The aim was to provide guidance on the application of the Merchant Shipping (National Small Vessel Safety) Regulations, 2007, to pontoon boats, which are not passenger vessels, on issues of construction, stability, watertight integrity and survivability in the event of damage which are important survey elements for the issue of Local General Safety Certificates or Certificates of Fitness,”.

Crucially, she said; the one other reason the training workshop was extremely important for all boat surveyors was because “pontoon boats used primarily on inland waters (Category R), require additional clarification of the application of the provisions of the National Small Vessel Regulations.”

For the reason, it was necessary for especially external surveyors and safety officers intending to survey small pleasure pontoon vessels to attend the training course as consistent with their licensing requirements.

The inclusion of six of SAMSA’s boat surveyors in the training workshop also had a specific objective. “The concept behind holding the workshop was also to ‘train the trainer’ and for SAMSA to develop a pool of internal SAMSA surveyors able to present this particular training when required.”

Of course, the small boats training workshop at Saldanha Bay was one of a series held over the last few years, and which were highly negatively impacted over the last year by the outbreak of Covid-19 pandemic.

Commercial paddling ops training workshop

In fact, just a month or so ahead of the national lockdown in March 2020, SAMSA had just conducted one such training workshop for operators of commercial paddling operations along the Orange River through to the Oranjemund river mouth on the Atlantic Ocean west of the country.

NEW MARINE OFFICERS READY FOR THE TASK!

Three new SAMSA young officers, Mr Esethu Hlokoza, Mr Tora Lombard and Ms Khanyisiwe Mthethwa joined SAMSA recently as seafarers undergoing training as Marine Offivers over two years.

Below is the story of two of the Marine Officer trainees, Ms Mthathwa and Mr Lombard about their first month on the training programme.

“We joined the programme at beginning of September as trainee surveyors. During the first three weeks, we attended variouss mall vessel, pontoon, passenger and buoyancy courses which detailed about what to look out for when doing the survey and regulations that goes with them. We were then given a chance to put what we had learned in theory into practical use as CE Jonathan Hartzenberg took us to survey the small vessels with him applying all that was taught during the course.

“As illustrated in the above picture. we went to survey two sister fishing vessels in Hout Bay where we learned more about the processes of LGSC on small vessels.”

“Cape Town and Saldanha Bay have quite a few wooden vessels in their waters, so during our fourth week we attended a wooden vessel course in the port of Saldanha Bay where we learned more about the structural integrity of wooden vessels and how to survey them. We then applied this knowledge to the Zay-Yaan, (see above pic) a wooden fishing vessel in the port of Hout Bay.

“We also visited a river-rafting company, where we surveyed their inflatable boats, better known as “crocs”. (see pic above). As a commercial company these crocs are surveyed as a group under one certificate. This allowed us the opportunity to test for the floatation requirements after chamber deflation.

“We further had the opportunity to break away from the small vessels and complete an LGSC and IOPP survey on a large Fishing Trawler. As IOPP’s aren’t applicable to small vessels, it was a good learning experience to survey these items and the greater scope of the LGSC on such a large vessel as compared to the small vessels.

“It was an interesting four (4) weeks. Coming from larger vessels, the exposure to small vessels came as quite a surprise as to how large and complicated the small vessel industry really is and the large role it plays in maritime safety within South Africa. We are excited to see what the new month has in store for us.”

End

South Africa’s maritime sector transformation long overdue! Space must open for all South Africans to participate: Department of Transport

ships at sea Pretoria: 09 February 2018

The launch recently of South Africa’s Comprehensive Maritime Transport Policy (CMPT), coupled with the revised Merchant Shipping Act, as well as envisaged full implementation of the National Ports Act (No 12. 2005) can be expected to see rapid transformation of the country’s maritime economic sector, according to the Department of Transport.

Such transformation crucially will involve the deliberate creation of space for all South Africans to participate in the economic sector and with that process, the attraction of new and expanded investment and much needed job creation, Transport Department acting Deputy Director-General, Mr Mthunzi Madiya said in Cape Town.

He was addressing guests to the South African Maritime Safety Authority (SAMSA) annual Stakeholders Dinner held at the Mt Nelson Hotel in Cape Town on Wednesday evening.

As many as 60 guests – most of them major and lead players in the various subsectors of the country’s maritime sector – attended the event.

In his brief address, Mr Madiya said from a government policy development and implementation perspective, the country’s maritime sector no longer had an excuse about why it cannot rapidly transform as well as increase financial investment.

“The responsibility of government is to develop policies. On the 15^th of July 2017, Minister of Transport launched the Comprehensive Maritime Transport Policy. It was a milestone for the sector for various reasons, as we were always reminded that the reason why there was no transformation was because there was no industry policy certainty and therefore we needed a policy.

“South Africa today has the policy that needs to be implemented. We want transformation,” he said, adding that Government was hopeful that the sector would be sufficiently incentivized to not compel the hand of Government to forcefully use the new laws to engender needed transformation.

He said a CMPT strategy would be presented to Cabinet for approval before the end of the current financial year. Once approved, the strategy would allow for the targeting of investment opportunities in especially what he described as ‘low handing fruit’; coastal shipping of particularly bulk and liquid cargo along the country’s 3200km coastline.

Also the revised Merchant Shipping Act of 1951 would be presented to Parliament for formal approval in a few months, he said.

Getting the buzz of the South Africa maritime sector during this year’s SAMSA stakeholder’s dinner ahead of the opening of South Africa’s Parliament in February 2018

According to Mr Madiya, desperately needed and overdue transformation of the sector to create space for all South Africans would be all encompassing, inclusive of the utilization of the country’s vast ports land.

He said: “The National Ports Act is the biggest instrument to force the industry to transform. We are talking about what is happening in the real estate of the National Ports Authority and the Act responds to this. We feel we need to do something because that’s what the Act says.

“If your tenure comes to an end after 20-25 years, the law says you must vacate the port so that new tenants can come in and Transet has been very clear on this that whoever then participates, must have a minimum of 51% black ownership.

“We hope and we trust that we will be able to use those instruments to make sure that people who had never had an opportunity, are given an opportunity to participate in the ports space.”

Mr Madiya also confirmed the formal approval of the SAMSA Funding Model by the Department of Transport following a month’s long consultative process with stakeholders in the maritime sector.

He said with the approval, SAMSA could now begin to implement it in order to ensure a sustainable source of income going forward.

In addition, he said, a salvage strategy had also been finalized and the department would be engaging with SAMSA on what next was needed to be done to ensure effective implementation.

Further, Mr Madiya reemphasized the crucial role played SAMSA as the Department of Transport’s implementing agency, and that the department would do all in its power to ensure the agency was sufficiently empowered and resourced to pursue its mandate that includes the promotion of the country’s maritime interests locally and abroad.

To listen to the full speech of Mr Madiya, Click on the video below.