Could regulatory review open doors for maritime SMEs?

Regulatory review presents maritime SMEs with a rare opening

SOUTH AFRICA: The Competition Commission has launched a nationwide review of regulations across all markets that may be acting as barriers to competition and the entry or expansion of firms, with a particular focus on small and medium enterprises.

For an industry as capital-intensive as maritime, and one frequently criticised for the limited room it leaves smaller players, the review is a rare, formal opportunity for the sector’s SMEs to put their concerns on the national record.

The Commission’s invitation to stakeholders forms part of wider government efforts to support inclusive growth, reduce red tape and improve the ease of doing business. It follows President Cyril Ramaphosa’s 2026 State of the Nation Address (SoNA), in which the need for a more streamlined, modern regulatory environment was again emphasised, including the call for rules that enable smaller enterprises to start, operate and compete in international markets.

Maritime industries span a wide range of sub-sectors, among them shipping, port operations and terminals, ship repair, bunkering, offshore services, fishing, aquaculture, boatbuilding, marine tourism and maritime logistics. Many of these are characterised by high capital requirements, long payback periods, specialised technical skills and exposure to global competition. Small operators face these structural pressures before a single licence or permit is even considered.

Maritime commentators and associations have for some time pointed to areas where meaningful participation by smaller players remains constrained. The Commission’s review provides a formal channel through which operators can raise specific regulations, and specific experiences, with the authorities in a position to act on them.

Scope of review

According to the Commission, the review will identify and assess regulations, including sector policies and licensing frameworks, that may restrict firm entry or expansion. It will consider whether they are necessary to achieve their stated purpose, or whether they are overly restrictive in design or application.

The review will also look at market concentration, the effect of vertical integration on non-integrated firms, potential exclusionary practices, and meaningful participation by historically disadvantaged persons.

The examples flagged by the Commission include complex or uncoordinated authorisation and licensing processes, rules that create or entrench monopoly supply, licence and permit conditions that unduly limit who may operate, onerous or costly registration requirements, restrictions on price and non-price competition, and otherwise reasonable requirements that are poorly implemented and produce delays, inconsistent interpretation or unpredictable outcomes.

Many of these categories will be familiar to maritime operators who deal regularly with licensing authorities, port authorities, customs, flag state administration and environmental and safety regulators.

For maritime SMMEs, the June deadline is worth marking. The review offers the sector something it seldom has: a single, government-endorsed forum in which to raise regulatory concerns, with an undertaking that the findings will inform recommendations for reform.

Industry bodies, associations and individual operators, whether acting independently or in coordination, have an opportunity to ensure that the maritime story is clearly visible in the national picture.

How to make a submission

Written submissions should include contact details and a brief description of the products or services offered; the specific regulation or implementation practice considered to be a barrier; a description of how the regulation affects competition, entry or expansion, together with practical compliance experience; and proposed reforms that would simplify, amend or remove the barrier without undermining consumer protection, safety or developmental objectives.

Submissions can be emailed to regulation@compcom.co.za and must reach the Commission by close of business on 5 June 2026.