The past year has been an extremely busy period for the Chief Directorate Shipping. Not only has the Chief Directorate been occupied with its day-to-day statutory functions of ensuring that safe shipping practice and pollution prevention control are monitored around South Africas extensive 2140 nautical mile coastline; it has also had to focus its attention on two major additional projects, namely the transformation of the Chief Directorate Shipping into a self-funding Maritime Safety Authority by 1 April 1998, and the completion of the 1995 amendments to STCW 78.
These projects were identified last year as two of the most important goals of the Chief Directorate. Their completion required the full attention and dedication of two teams of experts from the public and private sectors to meet the tight deadlines set by the Department of Transport. Both of these goals were achieved under exacting financial and manpower constraints.
Despite the additional pressures, it is pleasing to report that the Chief Directorate Shipping continued to function effectively and uphold the standards of maritime professionalism with which its name has become synonymous both locally and internationally. The hands on application of South Africas maritime laws regarding the safety of shipping, manning and training standards for seafarers and the prevention of oil pollution from ships was carried out unabated by the technical and administrative staffs situated at the marine offices in South Africas 7 commercial ports.
Although the Chief Directorates objective of reaching the International Maritime Organisations target of 25% Port State Inspections of all ship callers to South African ports has not yet been achieved, it was gratifying to note that, whereas 207 vessels were port state inspected during 1996, the same number of inspections had almost been reached by mid-year in 1997. By years end the total vessels inspected had risen to 502, effectively representing a 100% increase in efficiency; and, more importantly, contributing as much again to the safety of vessels plying our coastline. This improvement was achieved without compromising the many other technical duties that had to be attended to. Notwithstanding South Africas comprehensive maritime safety regulations and the controls imposed on shipping around the coastline, treacherous weather conditions and misadventure resulted in significant losses of ships and lives at sea over the past year.
The cost-effectiveness of the recent refurbishment of the two large standby salvage tugs was demonstrated as they repeatedly proved their worth in salvage operations and the prevention of pollution. Two further developments are expected to add significantly to the Department of Transports well established maritime Search and Rescue capabilities in the latter half of 1998: firstly, the inter-departmental development of an effective ship reporting system; and secondly, the establishment of a Land User Terminal linked to a satellite system.
These initiatives will be welcome additions to the effective role played by South Africa in the preservation of ship safety and mariners lives within its Search and Rescue Area of responsibility.
The Chief Directorate Shipping continued to represent South Africa at the International Maritime Organisations most important committee meetings as well as at the IMO Assembly, where South Africa was accorded the honour of being voted to the IMO Council in Category C membership. The importance of South Africas membership and frequent attendance at meetings of the IMO has been manifested in its ability to remain abreast of international maritime safety standards set by the laws, conventions and protocols adopted by the world body.
In conclusion, the successful transformation of the Chief Directorate Shipping into a partially self-funding and independent South African Maritime Safety Authority (SAMSA) - as of 1st April 1998 - is indicative of the perseverance and professionalism of the men and women of the Chief Directorate who dedicated themselves to this end. The commercialisation of shipping safety has not only helped Government to achieve its goal of downsizing the Public Service, but will offer the new SAMSA many unique opportunities and challenges to further expand its potential in the vital area of shipping safety and in the development of the South African shipping industry of the future.
Capt. Brian Watt Chief Director: Shipping
The mission of the Chief Directorate Shipping will be modified on the formation of SAMSA, but has tentatively remained as set out in the White Paper on National Transport Policy for 1997, namely:
To encourage and support the South African Maritime Transport Industry in a manner which underpins the four fundamental objectives of the RDP and gives effect to the overall vision of transport.
In achieving this the CDS seeks to:
The Chief Directorate Shipping is broadly responsible for the following two main functions:
This entails the safeguarding of life and property at sea and the prevention of pollution of the sea by ships. It is achieved by applying internationally accepted safety standards enforced by legislation and by maintaining an oil pollution contingency plan in conjunction with the Department of Environmental Affairs and Tourism (DEA&T).
This entails the administration of shipping safety and the provision of an administrative service including the administration of legislation and the management of sound international maritime relations.
Specific activities are carried out in order to ensure that these two main functions are achieved. All of these activities are, in turn, considered to be key performance areas and are monitored on a monthly basis. During the course of the year 9 areas of activity were given particular attention:
The basic aim is to achieve safer ships and cleaner seas. Carrying out this activity ensures compliance with domestic and international standards governing the prevention of pollution from ships and installations in SA waters. It also includes the protection of the marine environment through mandatory surveys and Port State Control of foreign ships. It embraces crew safety and encompasses the welfare of seafarers at sea. Success is measured by the progress made each year in the reduction of life- and environment-threatening incidents along our coastline and the success of intervention operations.
Port State Control inspections are carried out to ensure that foreign vessels calling at ports are seaworthy and do not pose a risk to the crews that man them, or pose a pollution danger to the environment. These inspections are usually conducted under clearly defined programmes by maritime states conforming to regional Memoranda of Understanding (MOUs) which are in accordance with IMO Conventions such as SOLAS, Load Line, STCW95 and Marpol.
South Africa has a well developed Port State Control inspection regime which is carried out at all the seven commercial ports by 24 professional deck and engineer ship surveyors of the Chief Directorate Shipping. Port State Inspections on ships increased dramatically during the year (see Introduction above) as the Chief Directorate Shipping attempted to reach the IMO target of 25% inspection of all vessels eligible for Port State Control.
The major ports where Port State Control is carried out are: Saldanha Bay, Richards Bay and Durban. Cape Town has a low inspection rate due to the Marine Offices commitment to surveying the major proportion of South Africas commercial fishing fleet and a lack of surveyor manpower. This matter is being addressed and should improve within the SAMSA environment when our capacity to recruit specialist personnel will become greater.
Vessels detained on grounds of unseaworthiness (including submersion of loadlines) totalled 55. Of these detentions, 12 ship masters contravened various sections of the Merchant Shipping Act, no. 57 of 1951, and paid deposits under the admission of guilt provisions. In addition 11 of the deposits, totalling R415 200, were forfeited, while one amount of R30 000 was refunded on a technicality.
Included amongst the above detentions were 12 timber carriers detained in Cape Town for not having a safe crew access on top of the deck timber cargo. These vessels, which were loaded in other ports of the world, called at Cape Town for bunkers. IMOs timber loading rules are very specific regarding the construction of a safe access on timber loaders. These requirements appear to be ignored in some loading ports.
The 55 detained vessels were only allowed to sail when the deficiencies causing the detention were rectified. As a matter of procedure, the IMO as well as the flag state of the vessel concerned are informed of all detentions.
Vessels inspected under the Port State Inspection program totalled 502. Of these, 17 were detained on the grounds of being sub-standard. No fines are raised as detention is considered to be sufficient punishment as it is extremely costly to the shipowner or charterer. Table 1 reflects a summary per port of shipping statistics over the period April 1997 to end March 1998 and includes: casualties; Port State Inspections; detentions and oil pollution reports. Table 2 refers to the percentages achieved during the calender year 1997, with respect to Port State Inspections.
Table 1:
| Summary of Shipping Statistics for South Africa's Major Ports |
1 April 1997 - 31 March 1998 | |||||||
| Incidents | Richards Bay | Durban | East London | Port Elizabeth | Mossel Bay | Cape Town | Saldanha Bay | Totals: Incidents |
| Casualties to ships/personnel |
6 | 60 | 1 | 23 | 13 | 19 | 28 | 150 |
| Port State Inspections |
55 | 310 | 19 | 34 | 7 | 2 | 75 | 502 |
| Vessels detained | 4 | 13 | 1 | 5 | 12 | 18 | 2 | 55 |
| Initial Report: Oil Pollution |
1 | 11 | - | - | 4 | - | 1 | 17 |
| Vessels allowed to anchor: SA waters |
- | 2 | - | 3 | - | 5 | 14 | 24 |
| Totals | 66 | 396 | 21 | 36 | 65 | 44 | 120 | 748 |
Table 2: Note: The column reflecting "total vessels called" does not indicate that all the vessels were eligible for PSI.
| Shipping Statistics - Port State Inspection (PSI)
Percentages January to December 1997 |
|||
| Port | Total PSIs | Total Vessels Called | % |
| Saldanha | 73 | 279 | 26,16 |
| East London | 15 | 103 | 14,56 |
| Mossel Bay | 3 | 41 | 7,31 |
| Durban | 264 | 4443 | 5,94 |
| Richards Bay | 62 | 1646 | 3,76 |
| Port Elizabeth | 17 | 696 | 2,44 |
| Cape Town | 1 | 2302 | 0,04 |
| Total | 435 | 9510 | 4,47 |
The following tables, on Safety Certificates (Table 3) and surveys conducted (table 4), reflect the number of safety certificates issued and various surveys conducted at the marine offices of the 7 commercial ports.
Table 3:
| Safety Certificates Issued (Excluding Safety Radio Certificates |
|||
| Vessels | 1995/96 | 1996/97 | 1997/98 |
| South African Ships | 4 197 | 4 460 | 3 731 |
| Foreign Ships | 20 | 67 | 64 |
Table 4:
| Surveys Conducted | |||
| Surveys | 1995/96 | 1996/97 | 1997/98 |
| Statutory surveys | 5 993 | 5 646 | 5 591 |
| Statutory Cargo Inspections |
219 | 238 | 416 |
| Personal Lifesaving Equipment |
25 131 | 7 979 | 13 965 |
Oil pollution incidents totalled 18 for all ports; 14 incidents resulted in contraventions under the Pollution Prevention (Control and Civil Liability) Act, no. 6 of 1981. The masters of 14 vessels admitted guilt and the deposits lodged totalled R678 000. Of these deposits 9 totalling R500 000 were forfeited and 5 are being processed.
Two vessels anchored without permission in the territorial and internal waters of South Africa. The masters of both ships were penalised under the Marine Traffic Act, no. 2 of 1981. The first incident involved the Cyprus-flagged bulk carrier Icarus which anchored illegally in False Bay on 22 May 1997. The master immobilised his ship to do engine repairs and then refused to answer any communication with the shore. He was fined R10 000 in the Simons Town magistrates court.
The second vessel was the Panamanian bulk carrier Las Sierras which anchored between the Western Cape mainland and Dassen Island on 3 March 1998. The master also immobilised his ship and refused to answer any communication until the SA Navy intervened on the request of the DOT. The master admitted guilt and paid a deposit of R10 000. This deposit was forfeited in full.
This activity entails the management and supervision by CDS technical personnel of marine casualties, incidents and wrecks, as well as participation in the co-ordination of search and rescue operations off the SA and Namibian coast. The activity is directed at saving lives at sea and preventing pollution of the sea by ships. The aim is to achieve a fast, co-ordinated response by means of a specialised organisation dedicated to the containment of disasters at sea, thereby minimising loss of life and damage to the environment. All ship casualties, including the loss of fishing vessels and small recreational craft, could be attributed to poor weather and sea conditions, hull and equipment failure, poor navigation and watch keeping, or misadventure. The major casualties which occurred in 1997/98 were as follows:
During the above reporting period, 127 maritime search and rescue incidents were conducted, 243 persons were rescued and 44 persons were lost.
An annual grant of R269 000 was once again made by the DoT to the National Sea Rescue Institute (NSRI) as a contribution toward the invaluable service this organisation provides to vessels and persons in distress at sea.
Casualties to ships in the reporting period totalled 83. A breakdown of the causes of casualties is as follows:
| Collisions | 12 |
| Fire | 7 |
| Grounding | 21 |
| Sinking | 15 |
| Weather Damage | 5 |
| Equipment Failure | 17 |
| Contact Damage | 2 |
| Negligence | 2 |
| Capsizing | 2 |
Casualties to maritime personnel, including death and injuries, totalled 68.
None of the above incidents could be ascribed to the failure of South Africas Marine Authority to fulfill its statutory obligations, or to the failure of coastal navigation aids.
The salvage tug contract concluded between the DoT and the salvage organisation Pentow Marine proved its worth as these tugs continued to assist in the rescue of vessels and their crews in distress off the SA coastline, in so doing averting the threat of major oil spills at sea. The incidents involving the Askania Nova and Golden Union were cases in point.
During the past year (June 1997) a claim of R17m in respect of the final settlement for the Apollo Sea incident was finally deposited by the responsible P&I Club, making the total amount received by the DoT R23,6m. All accounts in respect of this incident are now considered to have been settled. In addition, two Yokohama fenders used for ship-to-ship transfers of oil at sea were purchased from Japan and delivered to the oil pollution store in Port Elizabeth in December.
This activity entails the drafting of regulations which conform to the International Standards of Training and Certification of Seafarers (STCW) Code, in order to control standards for marine qualifications (deck and engineering) and to ensure that these standards are written into SA municipal law and conform to local marine requirements.
Through this activity the DoT seeks to set parameters and guidelines for the SA maritime industry, including the fishing industry, in order to achieve uniform international maritime training standards of a high order and to increase the employment potential of well-trained SA seafarers internationally.
Having commenced its work in November 1995, the STCW95 Committee met for the last time on 18 March 1998. In the implementation process of the 1995 amendments to the STCW 78 Convention, the Committee prepared the following 4 documents:
a) Amendments to the Merchant Shipping Act, no. 57 of 1951
b) Merchant Shipping (Safe Manning, etc) Regulations, 1998
c) The South African Seafarer Qualification and Examination Regulations for
Certificates of Competency and Qualification, 1998
d) The Code of South African Maritime Qualifications.
Document (a) is in the process of being prepared for submission to Parliament, (b) is ready for the Government Printers, (c) has a few small amendments to be made and (d) has been distributed to major role players in a format that can be implemented on 1 August 1998. Document (d), although complete, will be refined as it is progressively developed over the next three years.
This committee was similarly constituted to the STCW 95 committee. Its task is to examine the implementation of the IMO Convention on the Standards of Training, Certification and Watch-keeping on fishing vessels.
The committee has obtained consensus from the fishing industry that South Africa should accede to the Convention and that it will be incorporated into the applicable legislation.
Cabinet has also approved SAs accession to STCW (F) and SAMSAs legal manager will prepare documentation for scheduling the accession through Parliament. Work is in hand to prepare draft fishing legislation.
The following certificates of competence and competency were issued by the DoT during the year:
The provision of administrative services remains the same as for 1996. It ensures that the Chief Directorate Shipping and the seven marine offices are provided with an administrative capability to enable line functions to operate more effectively.
This activity has a particular bearing on the effective management of logistical and personnel resources. Approximately 50% of the staff complement of the CDS perform administrative support services to the line function. This function involves a wide spread of administrative activities which include the drafting, review and renewal of contracts and liaison with the maritime industry on policy matters. The more important objectives that have been identified are to:
South African shipping legislation is based on international conventions which originate predominantly from the International Maritime Organization (IMO). It follows that legislation comprising enabling Acts and subordinate statutory instruments must continually be revised and updated as international maritime requirements change. Similarly, South Africas relations with the international maritime community are also shaped through a wide range of multilateral and bilateral agreements.
The year witnessed the adoption of a number of important Acts. With regard to shipping safety and pollution prevention, the Shipping General Amendment Act, 1997 (Act No. 23 of 1997), introduced a number of measures designed to enhance maritime occupational safety and to extend pollution jurisdiction over substances harmful to the marine environment, other than oil.
However, the most significant new direction in maritime policy is reflected in the adoption of the South African Maritime Safety Authority Act, 1998 (Act No. 5 of 1998), and the South African Maritime Safety Authority Levies Act, 1998 (Act No. 6 of 1998, which established the South African Maritime Safety Authority. From 1 April 1998 this body assumes all the Departments administrative responsibilities in respect of shipping and maritime matters.
A number of bills were approved by Cabinet but were not dealt with by Parliament during the year. These include the Ship Registration Bill, the Carriage of Passengers and Luggage by Sea Bill and the Shipping Laws Amendment Bill. It is expected that these Bills will be dealt with during 1998.
A number of statutory instruments under the various shipping-related Acts were either amended or revised during the year. New regulations implemented several amendments to the International Convention for the Safety of Life at Sea, 1974, as modified by its 1978 Protocol, in respect of mandatory ship routing, the carriage of dangerous goods and the requirements for the construction and operation of chemical tankers and gas carriers.
Other instruments revised service fees and effected various technical amendments to existing safety and pollution regulations. New regulations and Levies and Charges Determinations under the South African Maritime Safety Authority Act, 1998 were also promulgated.
At the international level, SA acceded to two marine pollution-related instruments: Annex III to the International Convention for the Prevention of Pollution from Ships, 1973, as modified by its 1978 Protocol, which regulates the carriage by sea of harmful substances in packaged form; and the Protocol relating to Intervention on the High Seas in Cases of Marine Pollution by Substances other than Oil, 1973, which extends intervention powers under the principal convention to substances other than oil.
Several other international instruments were approved by Cabinet but were not dealt with by Parliament during the year. They include the Protocols of 1992 to amend the International Convention on Civil Liability for Oil Pollution Damage, 1959, and the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971; the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974, and its Protocols; the 1988 Protocols relating to the International Convention on Load Lines, 1966, and the International Convention for the Safety of Life at Sea, 1974.
Two Agreements were signed during the year under review. The Agreement with the Hellenic Republic was signed on 26 February 1998 and the Agreement with the Federal Republic of Germany was signed on 10 March 1988.
Agreements with Algeria, Egypt, Iran and Poland were negotiated during the year under review. Although negotiations with 7 other countries are at an advanced stage, various outstanding legal, technical and administrative matters meant that they could not be completed during the year. Contact has been made with a further 19 countries and their responses are awaited
.
Capt. B R Watt, the Chief Director Shipping, and Capt. W R Dernier, Director Shipping Competence, attended the 68th session of the Maritime Safety Committee (MSC) held during May/June 1977 at the International Maritime Organisation (IMO) in London. The main reason for their attendance was to consider the impact of bulk carriers, and to make a contribution to decisions concerning their safety. At this meeting Captain Watt was unanimously elected as vice-chairman of the Maritime Safety Committee for 1998.
Mr B Colenutt, a Principal Ship Surveyor, attended the Surveyors Technical Meeting of the Paris Memorandum on Port State control, which was held in Copenhagen during June 1997. His contribution to this meeting helped to ensure that the Indian Ocean Rim MOU, once established, will be operated in an advanced and up-to-date manner with respect to the technical content of all international conventions related to shipping safety matters.
Mr E T Beddy, Director Administration, attended the 43rd session of the Sub-committee on Safety of Navigation, held at the IMO in London during July 1997. Matters discussed included routing of ships, ship reporting, aids to navigation and radio communication. At this session two maritime separation schemes proposed by South Africa and introduced by Mr Beddy were passed by the Committee and referred to the Maritime Safety Committee (MSC) for final acceptance at the meeting to be held at IMO in May 1998.
During October 1997 Capt. Dernier attended a conference on the formation of a Memorandum of Understanding on Port State Inspections for the western Indian Ocean, in Mumbai, India.
Capt. Watt and Ms M T Silberman, Senior Administrative Officer, attended the 20th Session of the IMO Assembly held during November 1997. The main reason for attending was to remain abreast with the latest Assembly resolutions and to also seek nomination to the IMO Council. South Africa was subsequently nominated as a member of the Council after only two years of membership to the IMO, which was considered a significant honour.
Capt. Watt and Ms Silberman also visited Warsaw (Poland) during December 1997 to finalise an agreement with the Polish Government on merchant shipping and other related maritime matters.
Capt. Dernier attended the African Ports Seminar in Mombasa from 19 to 21 January 1998. The meeting, hosted by the Kenya Ports Authority, dealt with the challenges facing African ports in the next millennium. Mr B Yeo, a Principal ship surveyor from Durban, was invited by the United States Coast Guard (USCG) to visit the United States during February/March 1998. Through this visit, the Chief Directorate Shipping was able to exchange useful information with the USCG.
The total CDS staff complement for the year under review was 79. Head Office, situated in Pretoria, comprised 20 officials, while the seven marine divisions in the commercial ports had a combined staff total of 59.
Difficulties in recruitment and retention of ship surveyors continued due to the uncompetitive salaries being offered by the DoT in comparison with market rates. However, as mentioned earlier, it is expected that the formation of SAMSA as a semi-autonomous agency will start allowing for greater flexibility in regard to salary levels and thus provide a medium term solution to the problem.
The CDS also began implementing actions to align its staff profile more fully with the demographic profile of the country. Unfortunately there are very few affirmative action candidates available in the surveyor occupational class, thereby making representivity extremely difficult to achieve in this particular area.
The establishment of the SA Maritime Safety Authority (SAMSA) complies with the governments strategy of reducing the size of the Civil Service through the formation of parastatal organisations which are self-funding on the user pays principle.
In the case of SAMSA, a project team was appointed to work together with specialist consultants to pilot the project through its various phases towards final implementation. The process entailed extensive liaison with the shipping industry and NGOs, as well as the preparation of draft legislation dealing with the organisation and regulation of its financial matters. These bills were completed and accepted by Parliament in time for SAMSA to achieve its target date of 1 April 1998.
The process was lengthy and complex as the means of securing the financial viability of the organisation had to be acceptable both to Government and the industry. It was decided that SAMSAs viability would rest on the raising of a tonnage levy based on the lighthouse dues paid by commercial shipping to Portnet. It also included direct user charges and a service charge to Government for certain statutory duties performed on its behalf by SAMSA. Initially SAMSA will be dependent on a government appropriation or subsidy, but this support will be reduced to zero after two years and SAMSA will have to be financially independent thereafter. The advantages which will accrue to SAMSA and the SA maritime industry are the following:
SAMSA will inevitably experience teething problems. However, the accumulated experience of the Maritime Safety Authorities of Australia and New Zealand -as well as that of several European organisations which have played a role in shaping SAMSA - has proved that the model can be highly effective and successful.
We firmly believe that SAMSA will ultimately operate as a fully cost-effective, efficient and dynamic service organisation. Furthermore, it will be able to hand down the experience gained in its formative process to any maritime state wishing to follow the same route in the interests of an improved maritime safety service.
SAMSA's business will initially be as follows:
Preliminary discussions were held in December between representatives of the DoT and Portnet to examine the possibility of establishing a National Ports Authority. These were followed up in March 1998 by a further meeting with the CEO of Portnet, Mr Rob Childs, where it was agreed that a Joint Steering Committee would be established by the DoT and Portnet to guide further discussions on the matter.
The initiative to establish a framework for an inter-departmental coastal patrol service was first set in motion during financial year 1996/97. Over the past year a framework for a co-operation agreement was established between the DoT, DEA&T, SA Police Services (Border Patrol Unit), SA National Defence Force and Customs and Excise. Several meetings were held, during which all the relevant departments affirmed their willingness to co-operate in the formation of a coastal patrol service.
A draft co-operation agreement has been prepared and circulated to all the participants, as well as a copy of French model legislation on the establishment of a patrol service, which was used as a guide during the deliberations.
Once the agreement is signed the committee will turn its attention to the implementation of the service and attend to command and control requirements.
A concerted effort was launched over the past year to gather statistics relevant to the business of the Chief Directorate Shipping and its line function activities. This requirement will be of increasing importance with the establishment of SAMSA and the need to account financially for the many technical and administrative services that it will perform in future.
To this end IT systems are in the process of being developed to enable SAMSA to critically analyse its activities and the effectiveness of its service provision to the maritime industry. Financial systems will also be required to enable SAMSA to manage its financial accounting needs, including salary remuneration and levies and fees generation.
The financial year 1998/99 will offer many challenges to the newly established SAMSA, the most important of which will be the following:
The past year has presented many challenges to the Chief Directorate Shipping, not least of which was the timely establishment of SAMSA. This exacting task notwithstanding, the CDS was able to fulfill all its statutory commitments to the maritime industry.
Annual Report 97/98 - Main Contents || Department of Transport Organogram
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Management Services || Civil Aviation Authority || Land Transport