Stakeholder engagements discuss new draft regulations

SAMSA engagement kicks off in Cape Town

SOUTH AFRICA: There was a rather dismal turnout from the maritime industry at this morning’s stakeholder engagement in Cape Town as the South African Maritime Authority (SAMSA) kicked off a series of three sessions aimed at discussing several new pieces of draft regulations.

The new drafted regulations are intended to become consolidated under one umbrella and to ensure the alignment of national legislation with international conventions such as SOLAS as well as the Maritime Labour Convention.

“Our target is to submit the draft regulations to the Department of Transport by March 2025,” said Manager: Maritime Legislation at SAMSA, Bulelani Ncanywa this morning, adding that input from the stakeholder engagements would be incorporated and that after submission to the DoT, there would be an additional opportunity to submit comments.

“Once this process has been completed, it will be published in the Government Gazette and only then will it be promulgated,” he said, explaining the that the aim is to align it with the current process to promulgate the Draft Merchant Shipping Bill.

This bill is likely to be on the agenda at a Portfolio Committee on Transport next week after which it will be submitted to the National Council of Provinces before being forwarded to the President for signature.

Seafarer insurance

Chief Examiner for SAMSA, Azwimmbavhi Nelwamondo, explained some of the issues that are addressed within the new Draft Merchant Shipping (Seafarer, Insurance and Labour Related Matters) Regulations, 2024 which is set to repeal a host of older legislation.

“We have attempted to revise all regulations that are outdated to ensure that we are consistent with international maritime conventions. There were a number of issues that need to be addressed and the idea is that everyone on a seagoing vessel must comply,” he said.

Noting a question relating to the inclusion of South Africa’s Basic Conditions of Employment within the regulations, Mulaudzi confirmed that this would only be relevant to South African vessels or vessels that work exclusively along the country’s coastline employing South African seafarers.

“We are not expecting foreign vessels to comply with our Basic Conditions of Employment,” he stated.

In a discussion around the issue of insurance cover for seafarers, he revealed that the Authority was engaging with financial service providers to determine whether a local seafarer insurance could be created that covers all the elements required at sea.

“South Africa does not currently have an off the shelf policy that applies to seafarers and this remains a challenge. We are hoping to formalise this and see the development of a solution that exists in South Africa,” he said, admitting that it was difficult to cover seafarers working on casual contracts or on commission.

“We want to achieve the situation that everyone who is working on a vessel – whether it be a fishing or a cargo vessel – is covered by every aspect of insurance and that there is sufficient compensation should something go wrong.”

Despite a poor turnout from industry, those in attendance were able to gain a good understanding of the ethos behind the new regulations – as well as the understanding that there will be additional opportunities to submit comments before any regulations are promulgated.

PHOTO: Group photo of SAMSA and participants at the Cape Town stakeholder engagement session. © Maritime Review Africa

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