Honourable Speaker
Honourable Members
Distinguished guests
Ladies and gentlemen
It is my honour to present for passing into law by our people’s parliament the Merchant Shipping (Safe Containers Convention) Bill of 2010.
- The Merchant Shipping (Safe Containers Bill) of 2010 gives effect to the International Convention for Safe Containers as adopted by countries belonging to the International Maritime Organisation (IMO) as far back as 1972.
- The Convention entered into force in December 1977, setting international standards for the safe carriage of containers throughout the world.
- Since its adoption in 1972, maritime countries were expected to ratify the Convention by passing relevant legislation through their national Parliaments and Cabinets which would enable the application and enforcement of provisions of the Convention.
- Of note is that a law was passed in 1985 through the Department of Trade and Industry known as the International Convention for Safe Containers Act, as part of the process to ratify this Convention.
- This bill therefore proposes to reassign functions related to the implementation and administration of the Convention from the Minister and the Department of Trade and Industry to the Minister of Transport and the South African Maritime Safety Authority.
- This will ensure that these functions are assigned to the appropriate authorities having the responsibility for transport and related safety matters.
Provisions of the Bill
This Bill translates the provisions of the Convention into force of law in South Africa. In particular, its key provisions are the following:
- The requirements for the approval, repair, inspection, detention and disposal of containers;
- Prescribing minimum size for containers especially for carriage by sea excluding air freight;
- Setting out procedures for the safety approval by an Administration of a Contracting State or by Organisation acting on its behalf, of containers used in international transport.
Application of the Bill
It must be noted that we present this Bill as part of a programme for the development of the maritime industry in our country.
- This policy will deal with the development of the maritime industry, coastal shipping and regional integration.
- This bill will create an enabling environment for the growth and development of a container industry that is properly regulated.
The administration and enforcement of the proposed measures are entrusted to the South African Maritime Safety Authority which in addition to the powers conferred by regulation, is empowered to designate inspectors and to direct inquiries into certain accidents and incidents.
Our international obligations
Mr Speaker, South Africa is part of a continent that is 99% surrounded by sea. Africa is a maritime continent.
- A major part of world trade depends on South Africa’s coastal waters.
- We are situated on a major sea route which currently facilitates the safe and secure movement of about 500 million tons of crude petrochemical sea trade.
- This represents over 30 percent of the world’s petrochemical production, on board over 5 000 tanker voyages of very large crude carriers per annum.
- Ninety-eight percent of our trade is seaborne, and 50 percent of the country's Gross Domestic Product comes from trade.
- We therefore do not only have an obligation to the international community but to ourselves to continue maintaining the highest standards in the safe carriage of containers over our waters.
Consultation
The general public was consulted through the publication of the Bill in the Government Gazette. Comments were received from Transnet and the offices of the State Law Advisor and the Department of Public Enterprises were incorporated where necessary.
The State Law Advisers have also given their advice on how the legislation must be processed. Honourable Speaker, I request the National Assembly to pass the Bill.
Thank you.
