2009 MLA AGM and Conference – Pumula Beach Hotel

An excellent MLASA AGM and Conference for 2009 was held at the Pumula Beach Hotel in Kwazulu Natal where a much deserved presentation was made to Attorney Roger Gifford for his service to the MLA.

A summary report on the Conference is set out below together with some pictures of the event:

The Maritime Law Association of South Africa, an organization consisting of lawyers specializing in the field of maritime law as well as members from the commercial and government sectors, held its Conference and Annual General Meeting at Pumula Beach Hotel on the weekend of the 5 – 7 June 2009. The theme of the conference focused on piracy and its impact on shipping, a topic that has been in the news often of late given the upsurge in attacks on vessels traversing the Gulf of Aden and the north east coast of Africa.

The Association was honoured to have the conference officially opened by Judge Malcolm Wallis, formerly a senior counsel specializing in maritime law and shortly to take up an appointment at the Supreme Court of Appeal. Judge Wallis impressed the delegates with a light hearted but well researched talk on the origins of piracy and laid to rest many of the Hollywood movie myths such as the eye – patch, wooden leg and parrot on the shoulder!

The conference session on Saturday was privileged to boast speakers of the calibre of Dr Henri Fouche, a lecturer at the Tshwane University of Technology (TUT) and Johan Swart, a partner at the Cape Town office of Shepstone & Wylie. Both these speakers focused on particular cases of pirate attacks, the mode of attacks, the laws applicable and the cost to the shipping industry.

Michelle Lindermann and Ian Maclean of London law firm Ince & Co., followed with a very informative presentation on the insurance and general average implications of pirate attacks, as well as methods of avoiding attack. Being personally involved in ransom negotiations for the release of vessels and crew, their presence was invaluable. It was particularly noteworthy that the average time period for a ransom to be negotiated was estimated to be 45 days, during which time the vessel is not working but is still consuming rations and bunkers, the cargo is not going anywhere and the crew is in potential danger.

Finally, there were two speakers from the Defence Force, Colonel Steve Bekker of the South African Air Force and Captain Andre Katorinic of the South African Navy who spoke with humour and some feeling, on the capability and resources of the Defence Force to assist the current forces off Somalia and to combat pirate attacks should they occur closer to our shores.

The highlight of the dinner on Saturday evening was the presentation made to Roger Gifford, in honour of his many years of service to the Maritime Law Association. Roger Gifford is the third such recipient of this honour, his predecessors being Advocate Douglas Shaw QC and Advocate Gys Hofmeyr SC. The presentation to Roger Gifford, who served as President of the MLA for six years, was delivered by Shane Dwyer, senior partner at Shepstone & Wylie and concluded with the handing over of an engraved barometer.

After a late Saturday night, it was time get back to serious issues as the association’s annual general meeting got under way on Sunday morning. Having dealt with the business of the MLA, Andrew Robinson, the President of the MLA, proposed that the MLA continue the work of the conference and to take the issue of piracy forward, particularly in terms of a revised definition of piracy. Section 24 of the Defence Act 2002 defines piracy as any illegal act of violence or detention, or any act of depredation, committed for private ends by the crew, including the master, or the passengers of a private ship and directed on the high seas, against another ship or against persons or property on board such ship, against a ship, person or property in a place outside the jurisdiction of any state.

As stated by Dr Fouche, perpetrators of attacks on ships in ports and harbours can thus not be prosecuted for piracy, but, in the case of an attack with weapons, for armed robbery.

It was resolved at the AGM that the MLA would constitute a subcommittee to work with various stakeholders to review the current international and domestic legislation with a view to drafting a revised definition of piracy for consideration by the membership and subsequent submission to government.

The Maritime Law Association welcomes applications for membership and all enquiries in this regard may be directed to the Secretary, Anisa Govender at govendera@wylie.co.za.