Page 5 - KZN Business Sense 3.5

KZN

KwaZulu-Natal
Business Chambers Council
INTRODUCING COX YEATS MARITIME LAW TEAM

A ndrew Clark is a Partner and a member of the Institute of advising on: insurance, international trade law to be condent with our legal
and the drafting of commercial
and head of the Maritime

grounding and ability to oer
Chartered Shipbrokers. Michael
Law Team at Cox Yeats
South African Maritime Law
that our clients seek practical
Attorneys. His specialist practice was recently honoured by the • Maritime claims relating to the agreements, including terminal pragmatic solutions. We recognise
carriage of cargo by sea, air and
service and storage and handling
areas are maritime law, Association for his contribution to land agreements for facilities within solutions to their problems, which
international trade and insurance, maritime law. South Africa’s ports. can be varied and complex. We are
and business law. Andrew is a • And drafting international sale therefore extremely focussed on
member, and a previous executive e rm has developed an and carriage agreements e maritime professionals providing eective outcomes for
committee member, of the South excellent reputation in this eld of actively promote and balance clients.”
African Maritime Law Association law and draws on a large base of • Port related matters including individualism with team work and
as well as the Durban Marine local and international clients. customs and excise, major port joint eort bringing about e Maritime Law Team
Insurance Association and has Cox Yeats Maritime Team is also development projects and ship expedient and eective solutions members are: Andrew Clark,
been an attorney for 20 years one of the few specialist teams repair services. for their clients. In keeping with Partner; Michael Posemann,
practising in this eld of law. with expertise in shipping law, the rm’s mission and ethos, Clark Partner; Tamryn Simpson,
international trade and logistics, eir expertise extends to both says, “We strive to understand our Partner; Laura Maitre, Associate;
Michael Posemann is a senior and insurance law. e team has marine insurance claims arising clients’ operations and the detail Phiwe Ngcobo, Candidate
partner of the Maritime Team who extensive experience in maritime out of the carriage of goods and of the legal landscape in which Attorney.
has been involved in the eld of law, both in representing cargo general insurance claims, both in they navigate. We view client
maritime and international trade interests and their underwriters, respect of loss of or damage to relationships as long term To speak to one of the Cox Yeats
law since 1976. He is a member of and in representing cargo and defending liability commitments and we therefore Maritime Team, please contact:
T: 031 536 8500
the South African Maritime Law shipowners/charterers and their claims. invest time in fully understanding Email: aclark@coxyeats.co.za
Association and was previously a Protection and Indemnity our clients’ businesses and their
president of the Association; an insurance (P&I) Clubs. ey also deal with disputes legal requirements. Our preferred
associate member of the London arising out of contracts of carriage, approach is to build relationships
Maritime Arbitrator’s Association Some key focus areas include marine and non-marine and rapport, which allows clients

Andrew Clark Michael Posemann Tamryn Simpson Laura Maitre Phiwe Ngcobo
IS SOUTH AFRICA PREPARED TO DEAL WITH OIL SPILLS?

came from one source – the South Representative in Maritime 1992 Fund Convention. e 1992 South African Marine Pollution
Tamryn Simpson and Andrew Clark -
Cox Yeats Attorneys African taxpayer as the owner had Salvage and Intervention) CLC raises the ceiling of limitation Acts, are akin to those powers that
would be given to a South African
O n average, South Africa’s Maritime casualties have several terms of the 1992 International 1992 Fund Convention acts as a SOSREP. e dierence is that a
of a ship owner’s liability and the
abandoned the vessel.
2. Increase in limits of recovery in
coast line is occupied by
top up where the 1992 CLC falls
Convention on Civil Liability
SOSREP would proceed without
an estimated 12 000 vessels
per annum, either passing through legal, commercial, political and for Oil Pollution Damage (the short or a ship owner is not able to extensive consultation,

“1992” CLC) and the
meet its CLC liabilities. Both
bureaucracy and nancial
social layers to them and many
or visiting one of its many ports. parties involved in the decisions to International Convention on the owners’ P&I clubs and the Fund, constraints.
Of these vessels, many are tankers be made regarding pollution Establishment of an administered in terms of these
collectively carrying an estimated prevention, possible salvage and International Fund for Conventions, will only pay out in e idea of a SOSREP is to
30 million tons of crude oil, the eventual wreck removal. e Compensation for Oil Pollution circumstances where a ship owner appoint a single co-ordinator for
rest, up to 126 000 metric tons of decision on how to best manage a Damage, 1992 (known more is found to be legally liable in the salvage operations able to make
fuel. maritime casualty inevitably takes commonly as the Fund jurisdiction in which a claim for preventative decisions, which
time. In the case of the MV “Seli Convention). oil pollution arises. South African would decrease the cost of an
To understand the risk to our 1” it took four years. legislation has not yet been environmental catastrophe,
coastline annually, one needs to South Africa’s present oil amended or promulgated to through quicker response times
consider the monetary value With the passing of time, comes pollution prevention and liability incorporate the 1992 Conventions and decisive action.
associated with an oil spill of an increase in the risks to legislation is housed in the Marine into domestic law and the limits of
minor proportions and the environmental safety, and Pollution (Control and Civil liability stand as set out above. In many respects, South Africa
propensity for this to escalate with consequently, the risk of an Liability) Act and the Marine is falling behind in achieving
the advent of the ultra-large crude increase in costs of recovery and Pollution (Intervention) Act. An One of the major limits to these international norms to safeguard
carriers (ULCCs). Four such rehabilitation. owner’s liability for oil pollution is Conventions is that they do not against oil pollution and to have
minor oil spills were right here in limited to 133 SDRs (special cover oil pollution due to the reserves in place besides relying
South Africa’s back garden of For now, South Africa has sailed drawing rights) per ton (measured spillage or leaking of bunkers. e on ship owners and their P&I
Bloubergstrand, Cape Town, through the last century relatively by a ship’s tonnage) or 14 million IMO has developed a new clubs. e South African Maritime
emanating from the MV “Seli 1” . unscathed, having avoided, or SDRs, whichever is the lesser. In Convention dealing with this issue Law Association is alive to these
been lucky enough, not to monetary terms this equates to a to which South Africa has not yet issues and is, through a
Having already removed most of experience environmental maximum of approximately R240 acceded. sub-committee, making
the 660 metric tons of bunker fuel disasters of the magnitude of the million. representations to the National
from the vessel, the last oil spill MT “Exxon Valdez” and the MT Currently, extensive Department of Transport, in an
reported from the vessel in 2012 “Prestige” . To put this in perspective, e intervention powers are provided eort to modernise and improve
stretched one kilometre across the MT “Exxon Valdez” oil spill cost, to the South African Maritime South Africa’s position.
Tableview bay area. e estimated Two aspects to a maritime at the time, approximately USD Authority (SAMSA) to guard
expenditure by the South African casualty have been debated in 3.5 billion in clean up, against pollution of the sea by For more information please contact
authorities in oil pollution South Africa, the: rehabilitation and penalties. harmful substances that are likely Tamryn Simpson on:
T: 031 536 8500
clean-up and eventual removal of to be discharged from a ship or a Email: tsimpson@coxyeats.co.za
the wreck amounted to R40 1. Appointment of a South African South Africa has in recent years tanker. SAMSA’s role, and perhaps www.coxyeats.co.za
million, the total sum of which SOSREP (Secretary of States acceded to both the 1992 CLC and limited to those powers in the

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