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
London Chapter get together
At 6pm on Thursday 12 May 2011, the London Chapter of the MLASA and Peter Edwards of the MLASA Exco will be having a get together (including a few drinks and snacks) at the Skylounge on the 12th Floor of the Mint Hotel Tower of London. All colleagues please feel free to attend.
MLASA 2011 AGM and Conference
The MLA Durban Chapter is currently in the process of preparing for this year’s AGM and Conference. The 2011 MLASA AGM and Conference will be held from the 26 August 2011 to the 28 August 2011 at the Champagne Sports Resort in the central Drakensberg mountains situated in Kwa-Zulu Natal, South Africa. Our initial notification thereof is attached. The Durban Chapter is currently sourcing speakers and intends to frame the conference around marine insurance issues. The conference programme and booking details will be made available shortly.
Recovery of Captain Roy Martin – April 2011
Captain Roy Martin, a former chairperson of the Durban Chapter and member of the MLA’s Executive Committee, was involved in a very serious car accident on the 18th of September 2010. He was in a coma for about a month in ICU and then spent a considerable amount of time in the Entabeni Rehabilitation Unit. Roy has made steady progress and was able to join the Durban Chapter at the AGM on the 25th of January 2011. He is continuing work with a therapist and is improving on a daily basis.
The MLASA wishes Captain Roy Martin all the best in his recovery.
Latest Shipping and Harbour News out of Africa – April 2011
For the latest shipping and harbour news out of South Africa (and Africa) we recommend that readers of the MLA Scene go to the daily Ports and Ships newsletter at www.ports.co.za.
MLASA ANNUAL CONFERENCE AND AGM FRANSCHOEK, WESTERN CAPE AUGUST 2010
Introduction
The Maritime Law Association of South Africa (“MLA”) recently held its annual conference and AGM from the 20th to the 22nd August 2010 at the Le Franschoek Hotel and Spa in the winelands of the Western Cape. The hotel was previously known as the Swiss Farm Excelsior and certainly the venue and conference lived up to “Excelsior” – “Ever Higher”.
The conference attracted one of its biggest attendances in recent years with close to 100 persons in attendance. Among those participating, were Justices Ian Farlam, Douglas Scott, Lee Bozalek, Patric Gamble and Ashley Binns Ward.
[Click here for the conference program and discussion documents distributed beforehand].
Day One
After lunch on day one the conference kicked off with two vigorous sessions on wide ranging proposed amendments of the Admiralty Jurisdiction Regulation Act (“AJRA”), with an extra session on the afternoon of day two which was utilised particularly in respect of the debate on Section 6.
It is safe to say that following excellent input from members, including invaluable comments from Judges Scott and Farlam, these sessions dealt comprehensively with the proposed amendments with the highlight being an almost complete redraft of the infamous Section 6.
Day one ended on a high note with a cocktail party followed by a formal dinner. Gavin Fitzmaurice, the Cape Chapter Chairperson, welcomed all those attending and delegates were then treated to an excellent keynote address by Justice Doug Scott dealing with recent developments in our law relating to the effect of the Constitution and Bill of Rights on the privacy of contracts.
Day Two
On this day we were privileged to have the working sessions dominated by foreign lawyers. Chris Swart, a partner at Holman Fenwick Willan Solicitors in London (an old Capetonian), enlightened members on mediation and its use in modern day alternative dispute resolution.
Thereafter, Simon Gault. and renowned maritime arbitrator, explained very thoroughly the ins and outs of the London arbitration procedure and focused on certain aspects. A panel discussion followed with further input from Michelle Linderman, a partner at Ince & Co, Andrew Nicholas, a partner at Clyde & Co and holding up the South African corner, Matt Ash, a director of Deneys Reitz attorneys in Cape Town.
Although arbitration is certainly an avenue to pursue further in the South African context, in the last working session, Adv. David Gordon S.C. reminded members, in his usual frank manner, that arbitration should not be seen as the be all and end all, but rather as complimentary to the current Court process.
The festivities of day two were sparked by a unique wine tasting and chocolate pairing presentation by Kevin Arnold, the winemaker at the Waterford Wine Estate in Stellenbosch. As one taster commented, the combination of wine and chocolate, started “a party in the mouth”.
The least said about the South African vs. New Zealand rugby test the better. Save to say that the biltong was sent down the line very efficiently and the beer certainly defended well.
The MLA gala dinner found all delegates and their partners “shipwrecked” at the “Excelsior Room”, wet and cold from the Cape winter rains. Adv. Mike Fitzgerald S.C. warmed the hearts with a fitting yet entertaining tribute to MLA founder member, Noel Tunbridge. Unfortunately Noel could not be present, but an award was accepted on his behalf by colleague Craig Cunningham.
Dinner and dancing – in a spectacularly decorated venue – with a few glasses in between, took us through to the early hours of day three. The pictures will tell this story best!
[Click here for Gala Dinner photographs]
Day Three
The morning on day three came too soon for some, but it appeared as though the storm was weathered admirably by all members.
The Rotterdam Rules were dissected in the first session of the day by Harmen Hoek, a Partner at Schipper Noordam of Rotterdam. This presentation spurred constructive dialogue on the pro’s and con’s of the Rules, with insightful comment from Andrew Nicholas from Clyde & Co.
The last paper presented was by Michelle Linderman of Ince & Co (“Winner of the fancy dress competition for the second year running”). Her talk dealt with the wide ranging effect of the sanctions against Iran, and in particular how they affect the shipping industry.
Clearly these sanctions could potentially affect all export nations but their ramification will no doubt depend on the level of enforcement by the USA, in particular, as well as the extent to which other nations feel obliged to recognise such sanctions. They are already proving to be a challenge for global institutions who are conscientious when it comes to good corporate governance.
The conference closed on the third day with the Annual General Meeting of the MLA.
Although, the AGM illustrated the substantial workload of the MLA and its committees throughout the year, the AGM will best be remembered for saying farewell to Andrew Robinson as Chairman and Andrew Clark as Treasurer, both of whom had reached the end of their tenure in terms of the MLA Constitution Articles. The “Andrews” are to be congratulated for their thorough, consistent and inspiring contributions over the years.
Congratulations to the elected EXCO with new President Adv. Mike Wragge S.C. and new Vice-President, Capt. Roy Martin.
[Click here for the new EXCO details]
A strong administrative and intellectual foundation has been laid for the EXCO and its sub-committees to follow through on ongoing tasks and to advance its input further in the ever changing and challenging maritime sector.
[Click here to access minutes of the MLA 2010 AGM including sub-committee and related reports]
Finally, congratulations to Gavin Fitzmaurice and Adv. Mike Wragge and their organising committee as well as to the organiser, Alexi Price for what was arguably one of the best MLA conferences to date.
Executive Committee
The Maritime Law Association of South Africa
Professor John Hare’s Second Edition of Shipping Law and Admiralty Jurisdiction in South Africa Published
The Second Edition of Professor John Hare’s Shipping Law and Admiralty Jurisdiction in South Africa Textbook was published in 2009 and is a thoroughly updated and more comprehensive version of his first edition. Below is the foreword written for this book by the Honourable Mr Justice Ian Farlam, Judge of the Supreme Court of Appeal of South Africa.
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.
MLA AGM and Conference 2010
At a recent Exco Meeting of the MLA held on 4 December 2009 it was resolved that due to the 2010 soccer world cup in South Africa, the AGM and Conference would be moved from 4 June 2010 – 6 June 2010 to the 22, 21 and 22 August 2010.
The Conference is to be held at the Le Franschhoek Hotel which promises to be an outstanding venue for the Conference. If you would like to view the hotel and its facilities please go to www.lefranschhoek.co.za. The MLASA would like as many people to attend the conference as possible and those of you who are interested are urged to book these dates in your diary. In due course the MLASA will send out a formal invitation to the Conference together with an agenda and details as to costs and bookings. We hope to see you all at the Conference.