Merchant shipping bill: New bill intended to enhance SA maritime industry

An aerial shot of the container terminal at the Cape Town Port. Picture: Ian Landsberg/Independent Newspapers

An aerial shot of the container terminal at the Cape Town Port. Picture: Ian Landsberg/Independent Newspapers

Published Nov 29, 2023

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Cape Town - The Merchant Shipping Bill 2023 has been hailed as much-needed legislation to steer the country’s maritime industry towards transformation.

The portfolio committee on transport on day received a briefing on the bill from Transport Minister Sindisiwe Chikunga, who said it was intended to enhance the functioning of the maritime industry.

The presentation comes as the country grapples with a congestion surcharge for cargo at its ports.

Transnet indicated that the backlog at Durban Harbour had led to a loss of R160 million since September.

Chikunga said the Merchant Shipping Act of 1951 has been amended 32 times, which compromised its coherence. As a result, Chikunga said a decision was taken to overhaul the bill.

“The Merchant Shipping Bill has been developed to implement maritime and shipping-related matters emanating from the Maritime Transport Policy.

“The bill itself intends to give effect to the vision of the government to revive the maritime transport sector, enhance its contribution to the growth and transformation of the South African economy and, most importantly, close the identified gaps in maritime legislation,” said Chikunga.

Among the main objectives of the bill are to provide for the application of labour laws to seafarers, their conditions of employment, and the health and safety of employees on board.

It also sets out to provide for the registration, permitting, and licensing of ships, and the establishment and operation of a shipping information centre.

Portfolio committee member Lawrence McDonald, of the ANC, welcomed the bill and called for it to be expedited.

“This bill is much-needed as it will assist in the transformation of the ship-building industry in South Africa, it will also assist in the transformation of shipping in South African waters.

“This bill will go a long way to take South Africa in a direction where it is not just capital that is driving the economy in our oceans, but also previously disadvantaged people of South Africa, and Africans in particular.”

The bill was also welcomed by committee member Mosebenzi Zwane, of the ANC.

The committee then discussed the next steps of the bill, which involved advertising it for public comment.

Due to companies closing over the festive season, it was agreed that the process to advance the bill would take place in the new year.

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Cape Argus