2011 MLA AGM – DRAKENSBERG
MLASA SCENE: JANUARY 2012
In this edition of the MLASA Scene:
- Report on the 2011 MLASA Conference and AGM in the Drakensberg;
- 2012 – The Year Ahead:
- Amendments to AJRA
- Strengthening the bond with DOT
- Reviewing the Admiralty Rules
- A New Marine Insurance Act?
- The Stephen Wallace Maritime Trust – Launch and objectives
- CMI Meeting – China 2012
- 2012 MLASA Conference and AGM – proposed venue and date
- Report on 2011 MLASA Conference and AGM in the Drakensberg
The MLASA 2011 annual conference and AGM was successfully held at the Champagne Sports Resort in the Drakensberg from the Friday the 26 August to Sunday the 28 August 2011.
There was an excellent attendance by delegates with their partners and family. About 110 people attended the conference.
After registration the conference kicked off on the Friday afternoon with an inspiring welcome by Malcolm Hartwell Chairman of the MLA Durban Chapter. Johnathan Webb a maritime lawyer originally from South Africa but now practicing as a partner at Holman Fenwick and Willan Solicitors in London gave an excellent and informative presentation on what the “hot topics” in shipping law are from a London perspective. Johnathan gave an overview of the London maritime scene touching on issues such as arbitration and mediation , litigation in the post credit crunch era, security and the demise of Rule B, piracy and the new Bribery Act .
A copy of Johnathan’s paper forms part of the conference and AGM documents which can be accessed on the MLA link below.
We were thereafter transported into the world of salvage from a P&I perspective and in particular Captain Alan Reid gave a very interesting and gripping account of the relatively recent salvage operation on the “Kiperousa”.
The last session on Friday was by Mr Riad Khan the CEO of the Ports Regulator of South Africa. His presentation focused on port regulation and development and in particular participatory democracy and the privatization of terminals. It was important for the conference to hear from the Port Regulators office as this office in our view is very important to the objectivity and fairness of the running of the port from both the Port’s and the users’ perspective.
The last session was followed by pre-dinner drinks and a fantastic dinner in the hotel dining room where delegates, partners and family were able to mingle and make acquaintances or to catch up with scuttlebutt.
The first session on the Saturday was presented by Michelle Linderman of Ince & Co. Solicitors now a usual presenter at MLASA conferences. Her presentation considered the all important sanctions against Iran and the impact on shipping and insurance.
Session two was presented by Mr Karl Socikwa the CEO of Transnet Port Terminals. His presentation was an eye opener regarding port and terminal development in South Africa. It was inspiring for delegates to see what has been done and that the CEO was aware of and committed to dealing with the challenges that lay ahead.
After tea an old stalwart of MLA conferences Angus Stewart SC, now practicing at the Australian Bar, gave a summary of recent developments in maritime law in Australia and of particular interest to South Africa, the Australian approach to a Marine Insurance Act. As always Angus commanded our devoted attention with his knowledge and wit.
Thereafter, Andrew Robinson a director at the newly formed Norton Rose South Africa presented a brief overview of the status of the South African Marine Insurance Act.
The final session before lunch was by Megan Harris of Shipscene – a South African website based vessel tracking facility reliant on AIS data. Megan presented the new version of the Shipscene . No longer is Shipscene limited to South African ports and their approaches, but has now opened up a worldwide tracking service for vessels. How times have changed for the South African maritime lawyer trying to keep abreast of the whereabouts of vessels locally and internationally.
After lunch it was with pride that we listened to the presentation of Dr. Janet Cotton of One Eighty (Pty) Ltd being an organization which specialises in the analyses of metallurgic failures with a particular focus on marine casualties. Her case study was fascinating and showcased the expertise available locally in this field .
The last session for the day was by another MLA stalwart Dr Henri Fouché of UNISA who presented on the issue of piracy prevention and investigation and in particular focused on a current investigation in which South African Police Services participated off the Southern African coast. It was very interesting to compare the previous presentation made by Mr Fouché in Franschoek 2010 to the current presentation and how matters have developed from a South African perspective.
The final session was followed by pre-dinner drinks and another wonderful dinner at the hotel restaurant (“Zunckels”).
At the dinner a tribute was given to Advocate David Gordon SC for his immense contribution to maritime law and its development in South Africa. It was fitting that the tribute should be given by his son Advocate Roy Gordon, and not unexpectedly both Gordons managed to keep the audience entertained with their natural wit and interesting memoirs.
Thank you David for your dedication, contributions and integrity over the years.
As usual the AGM of the MLASA was held on the Sunday morning and this particular AGM seemed to flow a much quicker than previous AGM’s – this may have been something to do with the previous night’s dinner party.
A touching moment at the commencement of the AGM was a tribute from Karen Shaw the wife of the late Phillip Shaw read out by Ms Helen Antoniou of a colleague at Pagdens Attorneys. A minute’s silence was observed for Phillip .
Minutes of the AGM including the President’s Report, Sub-Committee and Chapter Reports and Johnathan’s report are available on this link — MLA
Again, one of the main orders of business of the conference was agreeing the final proposed amendments to the Admiralty Jurisdiction Regulation. This leaves a further proposed draft of the AJRA to be finalized in the new year.
Just after twelve noon on the Sunday the conference closed and delegates again said their farewells and thank you’s to the Durban Chapter of the MLASA for hosting yet another successful conference.
- 2012 The Year Ahead
- Amendments to AJRA
Following the work shopping of the final proposed changes to the Admiralty Jurisdiction Regulation Act which occurred at the 2011 MLASA AGM, an amended draft of the AJRA has now been made available to the relevant sub-committee save certain wording in respect of associated ship provisions which is to be finalized shortly.
- Strengthening the bond with DOT
A goal of the MLASA for 2012 is to create a closer working relationship with the Department of Transport (DOT) and in particular the officials dealing with marine legislation. In furtherance of this goal a meeting was held with the Director General of the DOT at the offices of the DOT in Pretoria where Advocate Mike Wragge (president of the MLASA), Brian Watt and Frank Ponnen representing the MLASA met with Hamida Fakier the Deputy Director General of the DOT and Ms Karen Naidoo also of the DOT.
The main purpose of the meeting was to inform the DDG about the MLASA and to create an ongoing channel with DOT to discuss pending legislation and other matters which may be important to MLASA membership. A report on the meeting is also to be found on the MLASA website.
- Reviewing Admiralty Rules
Now that the Admiralty Jurisdiction Regulation Act has been scrutinized in detail and proposed changes agreed on with a draft proposed new Act to be shortly finalized by the MLASA, the focus going forward for 2012 will also be on amending where necessary the Admiralty Rules promulgated in terms of such Act. Rules 4 and 21 in particular need to be reviewed. Rule 21 has been the subject of attention again following letters addressed by the Sheriff of the Court for Cape Town and the Association of Maritime Sheriff’s highlighting what they perceive as deficiencies in the current legislative position.
- A New Marine Insurance Act?
Discussions regarding drafting a Marine Insurance Act for South Africa have again surfaced and it is envisaged that discussions will be held at AMUSA level (The Association of Marine Underwriters of South Africa) and with the Financial Services Board in this regard.
- The Stephen Wallace Maritime Trust – Launch and objectives
The above Trust has been formed and the relevant trustees have been appointed. The object of the Trust of course is to:
A formal introduction to the objects and goals of the Trust will be formulated and sent out to all members shortly with a proposed launch and fundraising drive to be held thereafter.
- CMI Meeting – China 2012
The 2012 CMI is to be held in Beijing China and it is proposed that representatives from South Africa are to be put forward as official representatives at the conference.
- 2012 MLASA Conference and AGM – proposed venue and date
The MLASA 2012 conference and AGM is currently being organised with the proposed venue being Shelly Point on the West Coast of South Africa and the proposed date to be late in August 2012.
- Pictures from the 2011 MLASA conference and AGM .
- Conclusion
In conclusion the EXCO of the MLASA wishes its members and those in the maritime industry and related sectors a productive and enjoyable 2012.
As the MLASA has been formed to serve its members and generally the maritime law profession/related industries, we would value any input and comments regarding current issues and events.
Yours faithfully
MLA SA EXCO