Page 5 - JCCI Business Focus Vol.1.3

PASSENGER LINERS MAY NO LONGER PASS AFRICA

BY WHEN DURBAN CALLS

Andrew Pike, Head and Logistics group at pan-African
of Ports, Terminals law firm Bowmans.
and Logistics
Corridors sector at He leads the Bowmans team
Bowmans that is advising KwaZulu Cruise
Terminal Pty Ltd (KCT), the
preferred bidder for the tender to
W hile develop, construct and operate
the new state-of-the-art facility at

worked on numerous African port
Africa is on the Port of Durban. Bowmans has
the map projects, including the proposed
for foreign Durban Dig-out Port and major
investors port facilities in Mozambique’s
in many Port of Nacala, Ghana’s Freeport
other of Atuabo and Tanzania’s Dar es
sectors, Salaam Port.
the cruise ship industry mostly
passes the continent by. This could Africa needs world-class facilities Artist's impression of the Durban Cruise Terminal
start to change once the new “This won’t be any old cruise
Durban Cruise Terminal opens for terminal; it will be a new and potential. Although the number Negotiating a win-win concession win solutions between the parties.”
of visitors to Durban has been
business, hopefully in 2019. iconic structure in Durban, with increasing, to around 191 000 Pike says that KCT will receive a The Durban Cruise Terminal
international-class cruise facilities 25-year concession agreement with has widespread support among
“There isn’t a large cruise ship that link up with existing tourist in 2016, the hope is that this Transnet National Ports Authority. the public, government and
industry around Africa, largely attractions such as uShaka Marine will grow with the advent of the The process for the awarding of private sector, says Pike.
because of poor facilities. Other World, offering cruise ship Durban Cruise Terminal, which is such a concession is relatively new, “The sentiment is that this
than Cape Town, which has its passengers a ‘whole’ experience,” anticipated to be operational early carried out under section 56 of the project makes sense, gives
in 2019.”
own modern cruise terminal, most Pike says. National Ports Act. Durban credibility as a tourist
African ports are commercial and The preferred bidder, KCT, destination and is good for the
not geared for tourism, so there A world-class experience is is a joint venture between “To date, only a handful of cruise industry.” 
aren’t a lot of places where cruise essential if Africa is to increase MSC Cruises SA and Africa concessions have been granted in
ships can call. An attraction like its share of the lucrative, but Armada Consortium, a black South Africa under the section
56 process and each concession
the Durban Cruise Terminal could highly competitive international empowerment partner. MSC agreement is signed after a period
be just what the African cruise cruise industry. Cruises is the world’s leading of negotiation,” he says. “As
industry needs,” says Andrew “In Africa, this is an industry privately held cruise company and port specialists, we see our most
Pike, head of the Ports, Terminals with underserved tourism the fourth largest overall. important role as facilitating win-

WORK PERMIT CHANGES

By Tasia Brummer abroad must also take note of is a large positive compared to who hold the necessary qualities changes, you will freshly remember
important changes. current law where accompanying which will contribute to the South the painful change-over. Perhaps
family members are not allowed African economy. there will be quicker policies and
arge scale Points Based System – Easier for to work unless married to a procedures in place this time, but
work permit the Foreign National Families South African citizen. Accordingly, the “point-based this remains a gamble. The current
L changes on The Paper proposes that a “points- system” will further monitor VISA processes operate very
the cards – now is based” system be put in place for The Toothbrush Test is Coming whether a person may qualify for smoothly where correctly done, so
the time to act migrants who hold skills, potential The White Paper further proposes short- or long-term residency and the bankable position is to secure
will result in whether they may
The White investments and/or have business ‘Marriage Clearance Certificates’ to apply for permanent residency and/ your expatriate permits and status
before the change. This means the
Paper for interests within the Republic. Thus, be issued to foreigners whom intend or citizenship. Consequently, the new system can settle down before
South we are adopting a more strategy to enter into spousal relationships process of residency and citizenship you have to apply again.
African based and flexible approach. with citizens. This regime is only to will be deemed to be delinked.
Migration This system may be adjusted ascertain the status of the marriage b. Where you are a corporate
was released considering the qualifications, and to ensure that respective South African Citizens employer or have critical skill
on 28 July experience, capital availability and foreigners are not married in their Although the White Paper focuses employees, the White Paper
2017 by the willingness of the transfer of skills home countries. solely on migration to South Africa, gives you a rare opportunity to
Department of Home Affairs. from foreign nationals. it does however further mention comment now on the changes. This
Where you have foreign workers Expats with scarce skills will be The process hereof is yet to be that citizens in the Republic whom can either be directly submitted,
in South Africa, South African required to transfer their unique identified, but, like in the American intend to emigrate for a period or please email me (contact@
workers abroad, or deal in any skills and experiences to citizens movies, this will be where they put longer than three (3) months workpermitsouthafrica.co.za) and
capacity within these changes, of South Africa. This requirement you in different rooms and check will be mandated to apply for we will ensure this is added to our
there is now a unique window to get will further fill the skills gap within that you know the colour of your registration as per the Department submission to the Minister.
your house in order and contribute the labour market and decrease the spouse’s toothbrush, who sleeps of International Relations and c. The change to permanent
to this important development in scarcity of the needed skills. The what side, is the pillow hard or soft Cooperation (DIRCO). This is residency will have significant
emigration law. acclaimed Critical Skills list will and how you feel that your mother- to ensure that ‘strong ties’ are impact on current expatiates
in-law interferes in the marriage.
Overview be reviewed to ensure that ‘scarce maintained together with the planning to stay longer. Now is
the time for them to assess their
development agenda for the
skills’ aren’t over-capacitated.
The White Paper aims to Permanent Residency to Longer country, but we can see that SARS situation and consider application
Term Visas
improve the management, This system will make it far will probably also be very interested under the more lenient existing
security and influx and outflux easier for the correct expatriates Permanent residency is proposed in this database. regime. 
of foreign and local nationals to access long-stay visas. to be replaced with longer term
within South Africa and the Furthermore, which can only be visas in order to dismiss the Immediate Actions Tel: 011 467 0810
current regimes thereof. Not applauded, expats’ immediate misunderstanding that expats Although the White Paper focuses Email: tasia@taxconsulting.co.za
only will foreign nationals family members may apply as may have in terms of progressing solely on the future, there are three Web: www.taxconsulting.co.za
whom are sojourning and those one unit and will thus enable the to citizenship by only taking into immediate takeaways –
who wish to sojourn in the family members to conduct work consideration the number of years
Republic be affected, but South and study without needing to they have spent in the country. The a. Where you have been part
African citizens who work apply for alternative visas. This progression is thus aimed at expats of the previous emigration law

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