Chairperson, hon members, distinguished guests, ladies and gentlemen, it is my honour to present the Merchant Shipping (Safe Containers Convention) Bill of 2010 for passing into law by our Parliament. The Merchant Shipping (Safe Containers Convention) 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. It is of note 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.
The Bill therefore proposes to reassign functions related to the implementation and administration of the convention from the Minister in the Department of Trade and Industry to the Minister in the Department of Transport and the South African Maritime Safety Authority, Samsa. This will ensure that these functions are assigned to the appropriate authorities, those that have the responsibility for transport and related safety matters.
The 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 the minimum size for containers, especially for carriage by sea and excluding air freight, and setting out procedures for the safety approval by an administration of a contracting state, or by an organisation acting on its behalf, of containers used in international transport.
It must be noted that we present this Bill as part of a programme for the development of the maritime industry in the 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 Samsa, which, in addition to the powers conferred by regulation, is empowered to designate inspectors and to direct enquiries into certain accidents and incidents.
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% of the world's petrochemical production on more than 5 000 tanker voyages of very large crude carriers per annum.
Ninety-eight percent of our trade is seaborne and 50% of the country's gross domestic product comes from trade. We therefore have an obligation, not only to the international community, but also to ourselves to continue maintaining the highest standards in the safe carriage of containers over our waters.
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 adviser and the Department of Public Enterprises were incorporated where necessary. The state law advisers have also given their advice on how the legislation should be processed. I request the National Assembly to pass this Bill. Thank you.
Chairperson, hon members, ladies and gentlemen, fellow South Africans, the ANC supports the Merchant Shipping (Safe Containers Convention) Bill, Bill 31 of 2010.
We value the lives of people who work in the marine industry to load and offload containers used in the shipping of goods from our country to other countries and from other countries to South Africa. We believe that South Africa has a moral obligation to protect the maritime workforce from injuries and accidental deaths. South Africa has been a contracting party to the International Convention for Safe Containers since its accession in June 1982. However, failure to implement the International Convention for Safe Containers Act of 1985 has resulted in South Africa not meeting its obligation as a contracting party.
The convention was adopted on 2 December 1972 and entered into force on 6 September 1977. There are currently 65 contracting parties to the convention. The convention has two principal objectives. The first is to maintain a high level of safety of human life in the transport and handling of containers, by providing generally acceptable tests, procedures and related strength requirements which have proven adequate over the years. Secondly, it is to facilitate the international transport of containers by providing uniform safety regulations that are equally applicable to all modes of surface transport.
What do we gain as a country by applying the norms and standards of the convention? First, we save lives and prevent accidents, which is positive for human resources and productivity. Second, we broaden our trading potential as a country by having in place internationally recognised high safety standards that give other countries the confidence and assurance that the lives of their workforce will not be put in danger by South Africa.
We received written submissions from Transnet, Samsa and one member of the public and we discussed these submissions thoroughly. The Department of Transport and Samsa, a transport agency responsible for the administration and enforcement of the proposed measures, share a common view on all issues.
There were two issues on which the DA and the ANC had different views. The first issue related to clause 31, where an explanation is given that Prince Edward Islands are part of the Republic of South Africa and therefore the convention applies to Prince Edward Islands. The DA was of the view that clause 31 caused confusion since Prince Edward Islands were part of South Africa and therefore there was no need to mention specifically in the Bill that it also applied to Prince Edward Islands.
The ANC was of the view that not everybody knew that Prince Edward Islands were part of South Africa, because Prince Edward Islands only became part of South Africa through Act 43 of 1948 and not everybody was aware of the provisions of that Act. The ANC also felt that it was necessary for the international community to understand that Prince Edward Islands were part of the Republic of South Africa. And therefore the ANC said this clause needed to remain in the Bill to clarify that issue.
Both the state law adviser and the parliamentary legal adviser supported the view of the ANC and clause 31 remains part of the Bill. The DA lost the first round with a knockout.
The DA wanted the inclusion in the Bill of a clause that subjected South Africa to the same standards of safety for containers used to transport goods within South Africa, so as to maintain these standards. What the DA was arguing was that we needed to put into this Bill a clause that said that the convention standards had to apply to goods transported from Durban to the Prince Edward Islands or from the Durban airport to the port in Cape Town. We think that they were confusing issues because we were dealing with international trade between South Africa and other countries, not trade within South Africa.
The ANC agreed with the notion in principle. However, we argued that this Bill is about an international convention and deals with containers going from one country to another. Therefore such a clause would cause confusion. However, the ANC suggested that the Department of Transport assess the possibility of drafting a Bill to introduce the same safety standards for containers used to transport goods within South Africa. The portfolio committee endorsed the ANC's suggestion on this issue. So the second round was a draw between the ANC and the DA.
The last issue raised by the DA was about the safety of the contents of the container and the DA wanted a clause that dealt with that. We spent almost two hours debating this issue, even when two members representing the DA were no longer supportive of the view of the DA and only one member was still adamant that we needed to take that route.
The ANC argued that there was an existing Act that addressed that, and that Act was currently used by Samsa to inspect the safety of the contents in the container. Therefore there was no need to include a clause that dealt with the safety of the contents because we were focusing on the container, the handlers of the container, the shape of the container and also the equipment that is used to handle the containers.
Samsa, the state law advisers and the parliamentary legal advisers supported the view of the ANC. The DA lost the third round with a technical knockout. All members of the portfolio committee voted in favour of the Bill. The ANC supports the Bill. Thank you. [Applause.]
Well, hon Chairperson, here I stand and I haven't had a technical knockout. I think the confusion is really with the ANC because what I am trying to say is this: and I hope the Minister and Deputy Minister will listen to my argument: You cannot divorce a container from its movement, as the chairman of our committee has just said. They have to be lifted, stacked and put into a vessel. If that thing is not weighed, and we do not know whether one contains gold and the other one feathers, you could end up with a vessel going out of our port and creating problems. That is what the spirit of this agreement is all about.
If you go back to the objectives and recognise what that particular convention said - which, I might add, has been going on for 39 years, Minister - it tells me something. After all, at the end of the day what we are trying to achieve here is safety for all the people, be they in the vessel or those who are pulling up those containers and stacking them on the side of the dock. And not only that; as a Department of Transport, we must start thinking outside of the box - or should I say outside the container - and realise that when that container moves out of our ports and it is stuffed with goods beyond its normal weight, we are damaging our roads. There is a big problem with overloading in this country. I am sure both of you are aware of that.
All I am saying is - and I have been calling for it for a number of years - that with simple technical devices, which are available to all of us, all containers can be weighed by virtue of utilising very good technology on the straddle gantry. It is happening worldwide and I will quote here shortly what the International Maritime Organisation has actually agreed to.
There is the Deputy Minister wagging his head. Why can't we just for once go and say, "Right, let us put an end to this overloading and stop the stuffing of these containers"? That little thing will tell the particular operator who is lifting it up whether this container is overweight or underweight. If it is overweight, it gets parked and we deal with that particular matter in terms of all the legislation that you put forward in this Bill.
That is not a lot to ask, Minister, and that is all I am asking for. If - and for me it makes common sense - a particular container comes into our ports and is not loaded, we are going to end up with the problems I raised.
I also want to say another quick word about the high-cube containers, which are not even dealt with in this Bill, but they are coming into effect. In a couple of years there will be no more of the old containers here. The high- cube will be phased in. I know that the Deputy Minister is dealing with this at a high level with all the freighters, but they create a safety problem because they don't pass under the bridges that we have built. We need to look at how we can modify the trailers that will be carrying these containers.
I want your department to go back and do research: and I do this on the basis of the history of the 17th amendment. We know they are not really good at legislation and doing consultation. They never did consultation on the immigration Bill and now we are sitting with taxis having to possibly write out manifestos for every passenger that gets in and out of that vehicle. I am appealing to you, Minister, to go and look and get your department to a little more research. I gave them piles of information which I took off the Internet and I said that they must go and investigate because this is coming. [Time expired.]
The International Maritime Organisation has indicated that it will be mandatory for containers to be weighed before they leave the harbour. [Applause.]
This Bill confirms how much we are part of the global village. It also signifies the importance of regulating trade and commerce in order to enhance greater safety according to a uniform international standard. We need this so that every shipping company in the world is made to conform to the same strict requirements.
Most laws are reactive rather than proactive. Often they arise because of incidents, accidents and negligence. The Intergovernmental Maritime Consultative Organisation would have dealt with many cases of unsafe containers. The build-up in such cases would have prompted the need for an international convention. South Africa, having acceded to the convention, had to produce legislation of the type that is before us.
In a world where the making of a fast buck trumps every other consideration, it is absolutely essential to bring a halt to dangerous practices. The handling, stacking and moving of containers must guarantee the safety of those who handle containers. The onus for this safety has to be on those who convey such containers.
As each government in the world establishes effective procedures for the testing, inspection and approval of containers in accordance with the criteria established in the convention, companies will have to become fully compliant or face legal consequences.
Our Parliament should always bear in mind the importance of keeping in step with international norms. It should, of its own accord, be a zealous guardian of the rights South Africans enjoy through the Constitution as well as through international agreements and conventions.
In passing this Bill, we are looking at the bigger picture. Henceforth, every container will have to be maintained in a safe condition, as prescribed. Failure to do so will have legal consequences for the parties breaching their contracts.
In 1989, when the Exxon Valdez created the most serious ecological disaster for the United States, it happened because the owners of the carrier did not comply with the requirement of a double hull. Many containers do not meet structural safety requirements to transport dangerous goods or bulk liquids.
In 1987, an SAA aircraft, the Helderberg, plunged into the sea off the coast of Mauritius. Speculation has always been rife that the plane carried a highly volatile chemical substance on board. This was supposed to have been a vital component of Project Coast, the apartheid government's chemical and biological warfare programme.
Cope supports constitutionality and the strict observance of international conventions because these are inherent requirements of a fully functioning people's democracy. As such, we support this Bill and we hope that those who are appointed to serve as inspectors will be professionally qualified to meet international standards. Thank you. [Applause.]
Chairperson, I stand here not as a member of the portfolio committee, but I was tasked to put forward this presentation. The Merchant Shipping (Safe Containers Convention) Bill will see South Africa fulfil its obligations as a contracting party under the International Convention for Safe Containers, which South Africa became a party to in 1982. This Bill will also assign responsibility for implementation to the Department of Transport, within whose ambit it rightfully falls.
Container safety and the establishment of an international standard thereof will enhance transport of containers "within the minimum of safety control formalities". This will lead not only to safer transport of containers, but also faster delivery times, which will have a knock-on and subsequent positive effect on economic growth.
Containers will be of a standard minimum size and will be fitted with identification plates for ease of securing, stacking and handling. Standardisation of container size and dimension will also ensure higher levels of safety for dock workers and truck drivers when handling containers - reason enough in itself for the enactment of this legislation.
South Africa relies heavily on the merchant shipping of goods for the bulk of its import and export activities, and as such, any Bill that seeks to bring South Africa in line with international norms and standards is welcomed by the IFP. We support the Bill. I thank you. [Applause.]
House Chair, the Bill before the House gives effect to the safe containers convention, to which we are signatories. The Bill has two primary objectives. The first is to maintain a high level of safety of human life in the transporting and handling of containers by providing accepted test procedures and requirements with an adequate track record. The second objective is to facilitate the international transport of containers by providing uniform international safety regulations.
Although this Bill does indeed ensure that our obligations as a signatory to the convention are fulfilled, there is an aspect of the Bill which I would like to caution about. The chair of the committee has already spoken about it briefly. We recognise that the Bill is aimed at international maritime travel and the reality is that South Africa is not just one landmass. Most South Africans and even members of this House may not be aware of this. And I am not referring to Robben Island in this case.
The Republic of South Africa also comprises Marion and Prince Edward Islands. These are two small islands in the sub-Antarctic Indian Ocean. The islands have been declared special nature reserves under the National Environmental Management: Protected Areas Act, Act 57 of 2003. This group of islands is 1 769km south-east of Port Elizabeth. The reason I am talking about these annexed islands is that they have an impact on this Bill.
I recognise that this Bill is to address the safe movement of containers internationally. As a result, the movement of ships and containers between mainland South Africa and Marion and Prince Edward Islands is not covered by this Bill. The movement of sea vessels and containers between these two destinations, which is classified as domestic travel, also needs the same high safety and transportation standards, something the ANC has overlooked. Thanks to the DA for alerting South Africa about this fact. This is a real knockout, with no division. My other concern is that there may be a loophole where ships travelling internationally may use the islands as an opportunity to flout these regulations and even assist in criminal activity. This is not as far- fetched as it may sound. In 2003, for example, the media reported the arrest of a Uruguayan fishing vessel named Viarsa 1 after it had fled the length of the South Ocean, hotly pursued by an Australian sea fishery patrol boat. During that week-long saga, the supply ship, SA Agulhas, which was on her way to Marion Island with building material for the new weather station, was brought into the chase.
In principle, the Portfolio Committee on Transport has agreed to look at our concerns separately, as they do not form part of the scope of this Bill. The reason why the department is coming back on this issue is to illustrate who the real winner is, and who the real knockout in the last round is - ie the DA - bringing this concern to the fore. We support this Bill. Thank you very much. [Applause.]
Hon Chairperson, Ministers and Deputy Ministers, hon members, fellow South Africans, let me start by briefly outlining the principal objective of this Bill, which really is to fulfil South Africa's obligation as a contracting party to the 1972 International Convention for Safe Containers.
South Africa has been a contracting party to the convention since 1982. However, the International Convention for Safe Containers Act, Act 11 of 1985, an earlier attempt to implement the convention, was never put into effect. The promulgation of this proposed legislation will therefore repeal this Act. To repeal the International Convention for Safe Containers Act, Act 11 of 1985, and to provide for matters connected therewith, the convention set out the safety approval procedures of international containers for the administration of a contracting state or by an organisation acting on its behalf.
These approved containers will be identified by a safety approval plate, which is affixed to the containers under the authority of an administration. The safety approval plate contains relevant technical data about the container to which it is affixed. Once a container has been approved and plated, it should be possible to transport it internationally by land and sea. The minimum of safety control formalities, of course in accordance with the principle of reciprocal acceptance of safety approved containers, underpins the convention.
As already articulated by the chair of the committee, once promulgated the Bill assigns to the Minister of Transport all responsibilities for implementing the requirements of the convention. Previously, the functions concerned fell within the ambit of the Department of Trade and Industry. Regulations made in terms of the proposed new legislation will be administered and enforced by the South African Maritime Safety Authority, Samsa. In terms of the Bill, Samsa will be empowered to designate inspectors and direct inquiries into certain accidents and incidents.
The provisions of the Bill apply to international shipping containers of a prescribed minimum size, with devices fitted to allow for handling and stacking.
In a nutshell, the Bill proposes that the safety approval plate, which contains relevant technical data, should be used to identify an approved container. Thorough maintenance and repair of a safety-approved container will be the responsibility of its owner. The owner will be required to have the container examined periodically. Lastly, obsolete shipping containers will be disposed of according to prescribed procedures.
The chairperson was indeed correct that during the processing of this Bill, hon Farrow applied delaying tactics - in line with the agenda of the DA to delay Bills from being passed into law in this Parliament. This is of course to create a perception that this Parliament is actually not working. Thank you, hon De Freitas, because you were being quite objective. In fact, you defied your party by really supporting us, even at the level of the portfolio committee. The ANC supports the Merchant Shipping (Safe Containers Convention) Bill. Ngiyabonga, Sihlalo. [Thank you, Chair.]
Chairperson, hon members and speakers who have participated, thank you very much for the constructive approach to this Bill. The present Bill is about writing into national law an international convention to which we are signatories.
Hon Farrow raised some important technical issues relating to weighing containers in the process of loading and offloading, and in regard to the new generation of high-cube containers. These are all valid matters, which the Department of Transport is presently seized with. However, we urge that we do not delay the passing of the present legislation while we address these matters. The matters raised can and should be dealt with in a variety of ways, including, possibly, through eventual regulation.
We have just been elected to the executive of the International Maritime Organisation as one of the vice presidents. It is quite important that when the House passes this Bill we will be able to participate knowing that we have a proper contribution to make and have ratified international conventions. I thank all the members who have participated and I ask you to vote this Bill into law. Thank you. [Applause.]
Debate concluded.
Bill read a second time.