RATIFICATION OF THE AFRICAN
MARITIME TRANSPORT
CHARTER
PRESENTATION TO SELECT COMMITTEE
ON ECONOMIC AND BUSINESS
DEVELOPMENT 13 OCTOBER 2015
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OUTLINE OF THE PRESENTATION
 PURPOSE
 BACKGROUND OF THE AFRICAN MARITIME CHARTER
 OVERVIEW OF THE CHARTER
 STRATEGIC FOCUS OF THE CABINET MEMORANDUM
 ISSUES OF INTEREST TO SA
 DEPARTMENTS AND PARTIES CONSULTED,RESPONSES
AND COMMENTS
 OTHER IMPLICATIONS
 RECOMMENDATIONS
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PURPOSE
 To brief Portfolio Committee on Transport on the African Maritime
Transport Charter
 To request Portfolio Committee on Transport to recommend the
AU African Maritime Transport Charter for tabling to Parliament in
terms of section 231 (2) of the Constitution of the Republic of
South Africa, 1996
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BACKGROUND
• The Organisation for African Unity (OAU), as early as July 1994, adopted
the African Maritime Transport Charter
• Maritime transport was recognised to be essential for the economic
development of the continent that Africa needs to collaborate to find
solutions
• The African Union (AU) subsequently adopted the updated and
expanded Charter, which included provisions for the security and
protection of the marine environment, in June 2010.
• Charter falls within the scope of international law encompassing
maritime transport and related activities in the coastal, inland
waterways, territorial seas including the Exclusive Economic Zones of
States Parties.
• Furthermore it seeks to promote cooperation between State Parties,
regional and international organisations
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OVERVIEW OF THE CHARTER
• The Charter is aimed at strengthening cooperation among Member
States of the African Union in maritime transport, inland waterways
navigation, ports and related activities.
• The Charter is an instrument of cooperation amongst African Nations
and embraces virtually every major issue that Africa is confronted
with amongst other the following:
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Lack of cooperation in Maritime Administration and Port Operations
Lack of cooperation in Maritime and Inland Waterways
Lack of cooperation between Landlocked States and Transit States
Lack of cooperation in infrastructure development , Ship Building and repairs
Poor coordination in Transit Agreements and Policies
Maritime Safety and Security
Research, innovation and development, competitiveness and job creation;
international trade; transport,
communication and logistics.
Gender Balance and participation of Women
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STRATEGIC FOCUS OF THE CAB MEMO
• The strategic focus of African Maritime Transport Charter is on
strengthening co-operation among African countries in the
maritime transport sector.
• The Charter is also in line with Government Priorities and Policies
i.e NDP which acknowledges the challenges in the maritime
particularly, low level of corporation among African Maritime
Administrators in the areas of safety, security and environmental
management.
• 15th session of the AU Assembly resolved that Member States
should accelerate the ratification of the Charter so that it come to
force
• The Charter is a deliverable of objective 18 of Operation Phakisa
Initiative aimed at unlocking the potential of South Africa’s Oceans
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ISSUES ON INTERESTS TO SA
• SA’s recognise a need for the generation of the comprehensive
maritime transport policies and strategies for Africa.
• A collective Continental and Regional ownership and support of all
issues pertaining to maritime governance as prescribed in the Charter
• Harmonisation of laws, policies and institutions to facilitate cooperation and collaboration to ensure Continental and Regional
maritime security.
• Enhancement of cooperation among State Parties in the areas of
maritime safety , marine environment protection management and
Search and Rescue
• Promotion of national and regional Cabotage to encourage intraAfrica trade to facilitate economic and socio-economic integration in
the Continent
• Port reform and efficiency for port services to ensure
competitiveness of the African Ports
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CONSULTATION
• Legal opinion obtained from Chief State Law Advisers from
Department of Justice and Constitutional Dev and DIRCO indicated
that the Charter is not in conflict with domestic and international laws
• The Charter was circulated to the following organisations and
Departments for comments, namely Dep of Environmental Affairs,
Trade and Industry, DIRCO, Water Affairs, Treasury, Public Enterprises,
the Shipping Industry, Transnet and SAMSA.
• The Charter was presented to ICTS and JCPS DG’s Cluster wherein it
was approved for Cabinet’s consideration.
• ICTS Cabinet approved the Charter on the 5th of May 2015 for
submission to Parliament
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OTHER IMPLICATIONS
IMPLEMENTATION PLAN
The Department will continue to work together with all relevant stakeholders to
ensure appropriate implementation of the Charter that balances SA’s maritime
interests
IMPLICATIONS FOR VULNERABLE GROUPS
Article 37 of the Charter encourages State Parties to adopt policies that creates
opportunities for the advancement of Women in the maritime sector
FINANCIAL IMPLICATIONS
None at this stage
SECURITY IMPLICATIONS
The Charter was presented to the JCPS Cluster and to the Navy and there are no
security implications
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RECOMMENDATIONS
It is recommended that the Select Committee on
Economic and Business Development :
 Supports ratification of the AU African Maritime Transport Charter
 Recommends that the AU African Maritime Transport Charter be
tabled to Parliament in terms of section 231 (2) of the Constitution
of the Republic of South Africa, 1996.
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