In a notice published in the Government Gazette on July 12, the Department of Transport invited maritime stakeholders, the general public and affected communities to submit written representations on the ‘Draft Framework on the Proclamation to Review, Vary or Extend the Boundaries of an Existing Port or to Determine the Development of a New Port in Terms of the National Ports Act, 2005’. The comment period closes on August 13.

South Africa’s eight major seaports along its 2 954 km coastline – Cape Town, Ngqura (Coega), Durban, East London, Mossel Bay, Port Elizabeth, Richards Bay and Saldanha – are managed by the National Ports Authority (NPA) in a landlord capacity.

The NPA is the entity responsible for the safe, effective and efficient economic functioning of the national port system. As the landlord at the eight commercial ports, it oversees port infrastructure and provides maritime services, including dredging, aids to navigation, ship repairs and marine operations.

According to the Government Gazette notice, South African seaports contribute significantly to the country’s GDP. This implies that poor performance of seaports may lead to a decline in investment in shipping services and an inability to compete globally against other seaports. It is important for seaports always to be ready to deal with possible increases in cargo volumes and high container demand and to provide efficient logistics services.

The Comprehensive Maritime Transport Policy Strategic Objective A ‘International Maritime Governance’ emphasises the need to develop and grow South Africa to be an international maritime centre in Africa, serving its maritime transport customers in particular and world trade in general. The achievement of the international-maritime-centre status by 2030 may give rise to increased cargo volumes, high container demand and efficient logistics services.

The need to consider extending, reviewing or varying the boundaries of the existing seaports or even developing new seaports appears to be inevitable. Guided by Section 10 of the National Ports Act of 2005, which empowers the Transport Minister to review, vary or extend the boundaries of ports, the Department of Transport developed the draft framework on the proclamation to review, vary or extend the boundaries of an existing port or to determine the development of a new port.

The notice defines the ‘Procedure on Stakeholders Consultation’ to be: the Transport Minister shall advertise, in the Government Gazette, as well as in the open media, the consultative process pertaining to the application by the authority; the Government Gazette shall specify the exact coordinates of the land parcels for the stakeholders of the affected municipality; the period for stakeholders’ input on the advertised authority’s application shall not exceed 30 working days; the NPA must consult the municipality concerned if such review, variation or extension of a port affects the municipal boundaries; and the review, variation or extension of a port may not significantly conflict with the integrated development plan of a particular municipality where the port is situated.

The Government Gazette notice details the ‘Stakeholder Responsibility in the Proclamation Process’ as follows: the Department of Transport’s function is to lead the consultative process as a regulatory department, whilst its outcome and responsibility are to manage the proclamation of the port limits; the National Port Consultative Committee’s function is to provide comments that support or object to the process, whilst its outcome and responsibility are to ensure port users are in sync with the process; the Department of Public Enterprises’ function is shareholder compact, whilst its outcome and responsibility is the indicator performance as per shareholder compact; and the general public, and interested and affected parties’ function is to provide comments, whilst their outcome and responsibility are to request inputs from affected or interested communities.

When exercising the powers vested in him or her by the relevant legislation, the Transport Minister shall formally obtain Cabinet’s approval and communicate Cabinet’s decision to the NPA regarding the outcome of the application.