View Section: MERCHANT SHIPPING (INTERNATIONAL OIL POLLUTION COMPENSATION FUND) BILL (Second Reading debate) :: People's Assembly
PROCEEDINGS OF THE NATIONAL ASSEMBLY (Thursday, 12 September 2013)
MERCHANT SHIPPING (INTERNATIONAL OIL POLLUTION COMPENSATION FUND) BILL (Second Reading debate)
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Minister Of Transport 12 Sep 2013 hansard
Hon Speaker, Ministers, Deputy Ministers and hon members, at the outset I would like to thank the chairperson and members of the Portfolio Committee on Transport for the diligent work done in processing the Bills under consideration.
I have the honour to present the Merchant Shipping (International Oil Pollution Compensation Fund) Bill, 2013. The objects of this Bill are to enact the International Maritime Organization Protocol of 1992; to amend the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage of 18 December 1971 into law; and to provide for matters connected therewith.
The Bill forms part of a package of measures that are designed to give effect to the Republic of South Africa's obligations under the International Maritime Organization Protocol of 1992 and to give effect to the amendments of the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage of 18 December 1971.
The full package accompanying the Merchant Shipping (International Oil Pollution Compensation Fund) Bill consists of the following Bills: the Merchant Shipping (Civil Liability Convention) Bill, 2013; the Merchant Shipping (International Oil Pollution Compensation Fund) Contributions Bill, which is a money Bill contemplated in section 77 of the Constitution; and the Merchant Shipping (International Oil Pollution Compensation Fund) Administration Bill, which deals with the administrative matters of the money Bill, dealing with the collection and management of levies. It also deals with questions of liability and compensation for loss or damage caused by contamination resulting from the escape or discharge of persistent oil from oil tankers.
The Fund Convention establishes an international fund, which is called the International Oil Pollution Compensation Fund or the IOPC Fund. The purpose of the Fund Convention is to compensate victims of pollution damage where they have been unable to obtain any compensation or compensation in full under the provisions of the Civil Liability Convention.
The International Oil Pollution Compensation Fund will receive its contributions from cargo owners. In the South African context contributions will be from refinery owners of oil companies, specifically from persons who receive more than 150 000 tons of oil annually in South African ports or terminal installations of the contracting states that are the member states of the convention.
The Fund Convention is supplementary to the Civil Liability Convention; therefore a state cannot become a party to the Fund Convention without, at the same time, also becoming a party to the Civil Liability Convention.
Speaker and hon members, I hereby table the Bill to be passed by the NA. I thank you. [Applause.]
Somlomo ohloniphekile, malungu ahloniphekile, mphakathi waseNingizimu Afrika, uKhongolose uyawuseka lo Mthethosivivinywa wokuSungulwa kwesiKhwama sokuNxephezela (seziNdleko zoMonakalo) wokuChitheka kukaWoyela oLwandle lwaseNingizimu Afrika, phecelezi i- Merchant Shipping (Civil Liability Convention) Bill, uma kuchitheka uwoyela othwelwe umkhumbi.
Kumele sibonge ukuthi ayenzekanga inhlekelele yokuchitheka kowoyela olwandle lwaseNingizimu Afrika ngaphambi kokuba lo Mthethosivivinywa wethulwe kule Ndlu yesiShayamthetho esikholwa ukuthi le Ndlu izowuphasisa namhlanje nokuthi abantu bonke baseNingizimu Afrika bazowujabulele kakhulu.
Yize sijabula ngomsebenzi esiwenzile wokusheshisa ukucubungula lo Mthethosivivinywa ngenxa yokubaluleka kwawo, sibambe umoya kanye namaphaphu aphezulu sifisa ukuthi ingenzeki inhlekelele yokuchitheka kukawoyela olwandle ngaphambi kokuthi uMongameli wezwe, uMnu Jacob Zuma, awusayine lo Mthethosivivinywa. Uma kungenzeka kugubhuqele umkhumbi othwala uwoyela olwandle singazalelwa inja endlini ngoba uhulumeni kungadingeka akhiphe izigidigidi zamarandi ukulungisa umonakalo ongenzeka. Lokho kungaba nomthelela omubi kakhulu ohlelweni lokulethwa kwezidingo zabantu, ikakhulukazi, ukuthuthukiswa kwemiphakathi ehluphekayo.
Lo Mthethosivivinywa uhlose ukuthi iNingizimu Afrika ibe yingxenye yomthetho womhlaba wonke wokufaka imali esikhwameni sesinxephezelo sokuthwala izindleko zomonakalo odalwa ukuchitheka kukawoyela olwandle. Lesi sikhwama somhlaba sikhona, kade sasungulwa futhi siyawasebenzela amanye amazwe. Kuphela nje okukhona ukuthi iNingizimu Afrika ibingeyona ingxenye yaso ngenxa yokuthi phela iNingizumu Afrika yake yasebenza ngobandlululo yase ikhishwa inyumbazana ngamanye amazwe. Ukhongolose usakhuculula lezo zinkinga ezeziwa yilabo ababengontamolukhuni; bebusa ngobandlululo.
Lokho kusho ukuthi kumele iNingizimu Afrika ifake imali esikhwameni somhlaba sokunxephezela izindleko zomonakalo wokuchitheka kukawoyela olwandle ukuze izindleko zokulungisa umonakalo ongenzeka zingathwalwa uhulumeni.
Lo Mthethosivivinywa uzosiza ngokuthi imali ingakhokhwa inkampani yemikhumbi kanye nomshwalensi wenkampani yemikhumbi kuphela uma kwenzeke inhlekelele yokuchitheka kukawoyela olwandle ngoba, leyo mali ingaba ncane kakhulu ukuthi ingamelana nezindleko zomonakalo ongenzeka.
Uma uhulumeni wethu engayiqoqi imali yokufaka kulesi sikhwama sokunxephezela, wuye ongagcina esebhekene nezindleko zokukhuculula uwoyela olwandle kanye nokukhuculula umonakalo owenziwe inkampani yemikhumbi. Lokho kungaba nomthelela omubi kakhulu, ikakhulukazi, ekuhanjisweni kwezidingo zomphakathi. Lokhu, uma bekungenzeka, nezinkampani zemikhumbi ethutha uwoyela bezingagcina ngokuvala ngoba izindleko zingaphezulu kakhulu kwamandla ezinkampani.
Isikhwama lesi esibizwa ngokuthi i-Merchant Shipping International Oil Pollution Compensation Fund, siyokwazi ukukhokha imali engadlula kuzinkulungwane ezintathu uma kwenzekile kwagubhuqela umkhumbi kwachitheka uwoyela olwandle. Lokho kuchaza ukuthi uma umkhumbi othwala uwoyela kungenzeka uchithe uwoyela olwandle lwaseNingizimu Afrika kuyokhokha inkampani leyo yomkhumbi ochithe uwoyela kuphinde kukhokhe nomshwalensi wenkampani yemikhumbi ethutha uwoyela, kanjalo nesikhwama lesi esikhuluma ngaso i-Merchant Shipping International Oil Pollution Compensation Fund.
Ngokwenza njalo, kusuka izindleko zomonakalo wokuchitheka kukawoyela olwandle emahlombe kahulumeni waseNingizimu Afrika nakubatheli bentela. Umbuzo esicabanga ukuthi wonke umuntu ulindele impendulo yawo uthi: Izophuma kubani imali yokusungula isikhwama saseNingizimu Afrika ezofakwa esikhwameni somhlaba? Impendulo yalo mbuzo ithi: Uhulumeni waseNingizimu Afrika uzoqoqa imali kubahwebi bezinkampani ezithutha uwoyela ngoba umkhiqizo wabo ongasifaka engcupheni yokungcolisa ulwandle. Okusho ukuthi abantu abazokhokha kulesi sikhwama yilezi zinkampani okuyizona ezikhiqiza nalezo futhi ezithutha uwoyela. Yibona abantu abazofaka imali kulesi sikhwama, akuzukukhokhiswa amalungu omphakathi ukuze kwakheke lesi sikhwama.
UMthethosivivinywa ogunyaza ukuqoqwa kwemali uzocutshungulwa yiKomiti leziMali kule Ndlu yesiShayamthetho. Okubalulekile ukuthi ukuze usebenze lo mthetho wokusungulwa kwesikhwama sokunxephezela kanye nokuthwalwa kwezindleko zomonakalo wokuchitheka kukawoyela olwandle kuzodingeka ukuthi le Ndlu yesiShayamthetho kaZwelonke noma uMkhandlu kaZwelonke iphasise uMthethosivivinywa ozokwethulwa yiKomiti leziMali ogunyaza ukuqoqwa kwezimali kulabo abahweba ngowoyela.
Uma lowo mthetho ogunyaza ukuqoqwa kwezimali ungazange waphasiswa yilesi siShayamthetho, lo Mthethosivivinywa esikhuluma ngawo namhlanje ngeke ukwazi ukusebenza. Uma futhi uMongameli wezwe engawusayindanga uMthethosivivinywa wokuqoqwa kwezimali ozokwethulwa yiKomiti leziMali, lo Mthethosivivinywa esikhuluma ngawo namhlanje angeke futhi ukwazi ukusebenza ngoba ukusebenza kwesikhwama sokunxephezela kanye nokuthwalwa kwezindleko zomonakalo wokuchitheka kukawoyela olwandle kuncike kakhulu ekuqoqweni kwemali ezofakwa esikhwameni.
Ngakho-ke, Sihlalo namalungu ahloniphekile, kuyobaluleka ukuthi uMthethosivivinywa wokuqoqwa kwezimali zesikhwama ube ngeminye yemithetho esohlwini eseqhulwini ezophasiswa yileli Phalamende leSine. Uma singahluleka ukwenza lokho singabeka leli lizwe engcupheni yokuthi kube uhulumeni obhekana nezindleko kanye nomonakalo wokuchitheka kukawoyela olwandle uma kungenzeka inhlekelele enjalo.
Ngesikhathi iKomiti licubungula lo Mthethosivivinywa lathola isethulo esenziwa izinhlangano zezazimthetho zokuthutha ngamanzi zaseNingizimu Afrika, phecelezi i-Maritime Law Association of South Africa, i-MLASA. Kwaphinda kwaba nokuphawula okwenziwa i-SA Maritime Safety Authority, u- SAMSA, eKomidini lezokuThutha, kanti futhi salekelelwa uMeluleki wezoMthetho kaHulumeni, phecelezi i-State Law Adviser kanye noMeluleki wezoMthetho wePhalamende phecelezi i-Parliamentary Law Adviser.
Okwavunyelwana ngakho-ke kwaba ukuthi lesi sinxephezelo sizosebenza endaweni engamakhilomitha angamakhulu amabili ukusuka ogwini lolwandle kuya ekujuleni kolwandle. Isinxephezelo futhi sizofaka nendawo ebizwa ngokuthi i- Prince Edward Islands. Lokho kuchaza ukuthi yimikhumbi eyobe ihamba endaweni engekho ngaphezulu kwamakhilomitha angamakhulu amabili ukusuka ogwini lolwandle kuya ekujuleni kolwandle eyokwazi ukuthi inxeshezelwe.
SinguKhongolose siyaziqhenya ngoshintsho olwenziwa nguhulumeni kaKhongolose kwezokuthutha ngamanzi. Yinde indlela esisazoyihamba ukulungisa lo mkhakha ukuze kuvikeleke izwe lakithi nokuthi abantu ababehluphekile; bengakwazi ukungena kulo mkhakha, bakwazi ukungena kwezohwebo lomkhakha wezokuthutha ngamanzi kuphinde kuvuleleke namathuba emisebenzi, futhi nabantu bakithi babe nemikhumbi.
UKhongolose uyawusela lo Mthethosivivinywa wokuSungulwa kwesiKhwama sokuNxephezela iziNdleko zoMonakalo wokuChitheka kuka Woyela oLwandle. Ngiyabonga. [Ihlombe.] (Translation of isiZulu speech follows.)
[Ms N R BHENGU: Hon Chairperson, hon members and the society of South Africa, the ANC supports the Merchant Shipping (Civil Liability Convention) Bill, which will help to remedy the situation when ships spill oil at sea.
We must be grateful that oil spill disasters have not yet happened in the oceans around South Africa before this Bill was presented to the National Assembly. We believe that the House is going to pass it today and that will be good news for all South Africans.
Although we are pleased with the work that we have done to process the Bill speedily since it is very important, we are anxious that the President of the country, Mr Jacob Zuma, should sign it before an oil spill disaster happens. If an oil-carrying ship should be grounded, then the government would be liable to spend millions of rands to remedy the situation. That, in turn, would negatively impact on service delivery, especially in poorer communities.
This Bill is aimed at introducing South Africa to contributing to the International Oil Pollution Compensation Fund which is used to compensate for oil spill disasters. This fund is utilised for the whole world, it has been in existence for a long time and it is used effectively in other countries. South Africa is not a part of it, since the country was previously under apartheid and sanctions were imposed on it. The ANC is still righting the wrongs of the past and solving problems that were caused by the apartheid regime for the country.
That, then, means that South Africa has to contribute to the International Oil Pollution Compensation Fund so that our government will not be liable to pay up for oil spills.
This Bill will increase the compensation that might have to be paid by a shipping company and its insurance as the compensation might be too little to pay for all the damage caused by oil spills.
If our government does not contribute to the compensation fund, it will consequently incur costs associated with cleaning up oil spills that are caused by shipping companies at sea. That would have a very negative impact, especially on service delivery. If this should happen, even oil shipping companies would end up closing down because of high costs.
The International Oil Pollution Compensation Fund may pay over three thousand rands if there is an oil spill accident at sea. This means that if an oil tanker happened to spill oil at sea around South Africa, the responsible shipping company, its insurance, as well as the International Oil Pollution Compensation Fund would pay for damages.
In so doing, oil pollution compensation liabilities are removed from the hands of the South African government and taxpayers. One question whose answer we think everyone is expecting is this: How will the funds that South Africa will contribute to the international fund be generated? The answer is as follows: The South African government will collect revenue from oil shipping companies because it is their product that puts us at the risk of oil pollution of the sea. The oil producing and oil shipping companies will be liable for payments. Taxpayers will not be expected to contribute to the fund.
The Bill, which authorises the collection of revenue, will be processed by the Portfolio Committee on Finance in this House of the National Assembly. In order for the legislation to establish the compensation fund and to cover costs incurred through oil spills, the National Assembly or the National Council of Provinces will have to pass the Bill that will be presented by the Portfolio Committee on Finance, which will authorise the collection of revenue from companies that trade in oil.
If the legislation that authorises the collection of revenue is not passed in Parliament, the Bill we are discussing today will not become law. If the President does not sign the Bill, which is going to be presented by the Portfolio Committee on Finance, it cannot be implemented because the use of the International Oil Pollution Compensation Fund and the cleaning up of oil spills at sea depends on the collection of revenue for the fund.
Therefore, Chairperson and hon members, this Bill should be given priority in the Fourth Parliament. If we fail to do this, we would be risking our government covering all the costs in the event of an oil spill disaster.
When the committee processed this Bill, they received a proposal from the Maritime Law Association of South Africa, MLASA. The SA Maritime Safety Authority, Samsa, also made recommendations to the Transport committee, as well as the State Law Adviser and the Parliamentary Law Adviser.
It was agreed that the compensation fund would be utilised in an area of up to two hundred kilometres offshore. It will also be used around the Prince Edward Islands. That means only ships sailing at a distance of not more than two hundred kilometres will be compensated.
As the ANC we are proud of the transformation that the ANC government has brought about in water transport. We still have a long way to go towards transforming this sector in order to safeguard our country and to open up opportunities to the previously disadvantaged to obtain access to this kind of business and for them to own ships and also to open up employment opportunities for them.
The ANC supports this Merchant Shipping (Civil Liability Convention) Bill so that the compensation fund may be established. Thank you. [Applause.]]
Speaker, the Merchant Shipping (International Oil Pollution Compensation Fund) Bill, along with its companion Bill, the Merchant Shipping (Civil Liability Convention) Bill, is long overdue, but nevertheless, most welcome. The purpose of the Bill is to amend the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage of 1971 into law.
The Bill is one of four in a package, which is designed to give effect to South Africa's obligations under the Fund Convention and International Maritime Organization Protocol of 1992 to amend the International Convention on Civil Liability for Oil Pollution Damage, which I will refer to as the Civil Liability Convention.
The other three Bills, that form part of the package, are the Merchant Shipping (Civil Liability Convention) Bill, a Money Bill in terms of section 77 of the Constitution, ie the Merchant Shipping (International Oil Pollution Compensation Fund) Contribution Bill, and, lastly, the Merchant Shipping (International Oil Pollution Compensation Fund) Administration Bill, which addresses the administrative requirements of the aforementioned money Bill. The Civil Liability Convention and the Fund Convention, which I have referred to, regulate the liability and consequential compensation to claimants for loss or damage caused by oil pollution from tankers.
In the case of the Civil Liability Convention, claimants are entitled to compensation from the registered shipowner for pollution damage that occurs in the territory and territorial sea or exclusive economic zone of a contracting state. While there are only limited exceptions and defences that the shipowner may appeal to in an otherwise stringent liability regime, this liability is limited according to the tonnage of the ship in terms of the Civil Liability Convention.
Depending on the exchange rate, the existing possible compensation for oil pollution and incidental costs through normal insurance is limited to approximately R900 million, hence the mechanism to guarantee compensation to claimants in respect of oil pollution damage is the fund convention that establishes the International Oil Pollution Compensation Fund. This fund is financed by cargo owners who receive in the ports and terminal installations of the contracting states more than 150 000 tonnes of contributing oil annually. At recent exchange rates, the maximum compensation that can be paid by the fund in respect of a single incident is just over R3 billion, which can be used to compensate claimants where they have either been unable to receive payment or full payment in terms of the Civil Liability Convention. This significantly increased sum illustrates the value of this package of Bills.
Currently, South Africa is severely exposed in the event of a major oil spill as the limits contained in the Marine Pollution (Control and Civil Liability) Act are very low indeed. Once this package of Bills is enacted, the risks associated with a major oil pollution disaster will be mitigated to a far greater extent. If, for example, a tanker broke at Ethekwini, there will be many individuals, commercial enterprises as well as government, with legitimate claims. Government will be faced with an extremely expensive and unanticipated clean-up bill; resorts, hotels, B&Bs and related support industries will be hard hit, with many established, as well as marginalised entrepreneurs' livelihoods placed at risk, possibly for an extended period of time. Lastly, individuals who may not be directly involved in the leisure and accommodation sectors will be equally prejudiced if their own residential properties are near the affected area.
Being able to access the International Oil Pollution Compensation Fund in these circumstances of multiple, substantial and legitimate claims up to approximately R3 billion, illustrates clearly the benefits of this legislation. Claimants will now enjoy a far greater level of cover, not least the state itself, as a contributor of the last resort. Appropriately, the cost of a major oil spill or disaster will now be borne to a great extent by the industry concerned. That is how it should be, and why the DA is supporting this Bill. In this respect, we do agree with the Minister, but then again, she was quoting verbatim from the explanatory memorandum to the Bill.
In summary, this is a welcome and constructive Bill that will afford South Africa a far greater measure of comfort should we be unfortunate enough to suffer a major oil pollution disaster. The Bill has been improved by the valuable and voluntary inputs of the Maritime Law Association of SA and General Council of the Bar of SA, who have tightened up several poorly defined jurisdictional and overlapping legislation issues. The DA will support this Bill. I thank you. [Applause.]
Mr P D Mbhele hansard
Hon Speaker and hon members, let me mention upfront that we as Cope are fully in support of the Bill. Comprehensive oil spill liability and compensation fund legislation would have become a reality for this country a long time ago if South Africa had not been the pariah of the world for so many years. Compromises required to remove the principal impediment of the pre-emption of state oil spill liability law from the current legislation were being used. The most realistic compromise at this date is to ensure that the State Oil Spill Fund and the their taxing authorities and State Oil Spill Liability Law will not be pre-empted.
Hon members of the ANC, please reduce the noise level in the House.
One of the questions most frequently asked of the International Tanker Owners' Pollution Federation Ltd, ITOPF, is how much does it cost to clean up an oil spill. Unfortunately, there is no simple answer as the costs of oil spills vary considerably from one incident to another, depending on a number of interrelated factors. It is Cope's hope that, given all the world experience, South Africa will come up with a Bill that will encompass all the major salient points because this is a universal problem. Cope will therefore impress on Parliament today to include the human collateral factor requiring community compensation. Currently we have only seen the law being applied under the 1992 Civil Liability Convention, CLC, fund against the registered owner of the ship. Attention has not been paid in principle to include victims from claiming compensation outside conventions from persons other than the shipowner. The case arises from what is also commonly referred to as the Erika decision for charterers and cargo holders.
In the loss of the Erika in December 1999, which polluted the coast of Brittany, the cargo owner, which is Total in this case, together with the shipowners and the classification society, were found liable to pay compensation to the victims of the spill. The village of Mesquer brought claims under the Waste Framework Directive, WFD. Because of this experience, the government of Canada has combined international conventions with internal regulations established by the International Maritime Organisation with response and recovery undertaking with a collaborative whole-of-government approach. Several departments fall into this, come to think of it, from the Departments of Mineral Resources, of Water and Environmental Affairs, of Home Affairs, and of Police, the Saps, the intelligence services, the coast guard, sea rescuers and the National Response Centre.
Cope has found that this Bill requires key questions to be asked. Firstly, can fuel oil, intended to be sold as a product by the producer, be classified as "waste" within the meaning of the WFD? Secondly, if so, should fuel oil accidentally spilled at sea, and either on its own or when mixed with water and sediment, constitute waste? Thirdly, is the polluter pays principle tantamount to a test of negligence? Is that constitutional?
In the case of the Erika, the introduction of the polluter pays principle seems to amount to a negligence test for maritime ship owners only. Cope would have liked to see the Bill classified as a section 77 Bill for broader consultation before South Africa experiences a major disaster, given the frequency of shipwrecks we have seen recently in Cape Town, Port Elizabeth, Knysna and Richard's Bay. The Bill was introduced for public comment and gazetted in 2009 as a section 75 Bill, which excluded the NCOP and tribal authorities, hence no input was received, except from the two stakeholders that colleagues spoke about.
Cope would like to see a clear-cut definition of commercial ore tankers versus government-owned vessels. Clause 10 defines clearly which ships apply where government ships are used for noncommercial purposes. Clause 14 scrutinises the part of the Civil Liability Convention where the state provides for the period of validity and for the lapsing of the certificate of liability and sovereign immunity. Clauses 15 and 16 of the CLC pronounce on how long charges and detention costs will be managed until all costs are secured.
Finally, Cope would like to see the development and enforcement of institutions related to training, testing and certification, certifying marine personnel, including seafarers, ship security officers and pleasure craft operators, to ensure the safe operation of all marine activities in South Africa in relation to the fund coming out of this Bill. I thank you.
Hon Speaker and colleagues, the vast majority of South Africa's border consists of an ocean - or two oceans that meet at our south-western corner. These oceans maintain a vibrant marine life and numerous ecosystems. They must be continually protected and balanced against the interests and requirements of the economy for they are a renewable and sustainable resource.
The Cape of Good Hope is situated on one of the world's major shipping routes. The potential for oil pollution along the coast is therefore high and it is critical that we have at our disposal every means for the protection and reparation thereof.
With the enactment of the Merchant Shipping (International Oil Pollution Compensation Fund) Bill, our country will have access to the much needed International Fund for Compensation for Oil Pollution Damage, also known as the Fund Convention. With the South African territorial waters being part of major oil shipping routes, this access to an internationally resourced compensation fund which will cover damages arising out of spills along our coastline is very welcome.
The recent wreckage at Cape Town earlier this year of a certain bulk carrier off Bloubergstrand, where the hon Chief Whip of the IFP lives, it seems, has galvanised government into action. Whilst this legislative action in itself is very good, it is also very concerning that our government managed to only step up to the plate after post-catastrophe.
The lack or the unavailability of funding, or about who is responsible to pay when a disaster occurs, must not impede immediate interventions. Clause 7 is therefore welcome, where the SA Maritime Authority may request funds on behalf of the government. We also support all calls for our other marine legislation to be updated urgently to increase the shipowners' liability in the case of a bunker fuel spill from a cargo ship such as the recent incident with the Kiani Satu, which ran aground near Knysna. In terms of present legislation, the maximum we can claim from the owners of the Kiani Satu would be R33 million, based on the size of the ship, yet it is reported that the ship's cargo of rice is worth more than that amount.
Although compensation in itself will not restore damaged fauna and flora, it will allow for the rehabilitation and renewal of scarce resources. Moving forward, the IFP hopes to see more proactive intervention from all concerned in the protection of our territorial waters. The polluter pays principle must always be upheld. The IFP will support this Bill. Thank you. [Applause.]
Mnu L Suka hansard
Somlomo, malungu ale Ndlu abekekileyo, nam mandizathuze ndihlomle kule ngxoxo yanamhlanje ibaluleke kangaka nejolise ekungcolisweni kweelwandle zethu ziinqanawa ezidlula kweli loMzantsi Afrika, zithwele imithwalo emikhulu nemincinane.
UMzantsi Afrika lilizwe elinonxweme elibude bungamawaka amabini amakhulu asixhenxe namashumi alithoba enesibhozo eekhilomitha. Lulwandle olunamandla namaza anomsindo ngeyona ndlela xa sele lulwile, into emana ukwenzeka rhoqo maxa wambi. Iinqanawe ezininzi zikhe zagagana nala mandla kwanzima kuzo kuba kaloku iingxwelerha zezo nqanawa zidinga imali enkulu okanye imali etshisiweyo yokucoca umonakalo oshiywe ngasemva zezo nqanawa.
Lonke ixesha sijongene nale ngxaki, siba noloyiko olukhulu lokuba azi le mali yokucoca ezi lwandle iza kuvela phi na. Kufana nomntwana okanye nomntu ohambele kwakho endlini, angcolise, ophule izitya emke alindele ukuba wena mntu wekhaya coca uphinde uthenge, kodwa ube umonakalo wenziwe ngumhambeli. Utsho lo Mthetho umncinane.
Ngoko oko ke sithi wena wonakaliseleyo, hlawula musa ukudlula nje kuba imali esinayo ifanele ukuba ilungisa ezinye iingxaki zokujongana nezendalo phaya elwandle. Hayi ukulungisa umonakalo oshiywe ziinqanawa ezidlule apha kweli loMzantsi. Ilishwa ke lelokuba iinqanawe zethu siyayazi ukuba zathengiswa kurhulumente wobandlululo singekafiki ngomnyaka we-1993. Wathengisa zonke iinqanawa sashiyeke sibambelele esilevini. Ngoku kudlula ezinye zezo nqanawa zazithengisiwe nekufuneka ukuba kwathina ngoku silungise loo monakala xa bathe bangcolisa ezi lwandle zethu. [Kwaqhwatywa.]
Iingxowa ecetywayo ngalo Mthetho isekelwe ukuphendula loo mbuzo. Uphengululo lubonisa ukuba inqanawe nganye exingileyo idinga isigidi esinesiqingatha seerandi ukumelana nomsebenzi wokuhlangula. Ndifuna ukuba imibutho esecaleni engekho phantsi kwephiko likarhulumente mayisincedise ikhwaze ngamandla into yokuba bona abanikazi bezi nqanawa mabahlawule kaloku xa becoca ezi lwandle zethu. Laa mafutha adada kwezi lwandle awenziwanga sithi, kodwa nabo bebengazi ukuba maxa wambi iinqanawa zabo ziza konakala okanye zophuke apha endleleni, kodwa maba kulungiselele oko kungajongwa kwingxowa yethu nakwirhafu zethu esizirhafayo.
Ezi ndleko ziphindaphindeka kaninzi ke ukuba inqanawa leyo ithwele loo mafutha angcolisa ulwandle lwethu. Umonakalo oshiyeka ngasemva xa kukho nalo mafutha ngongathethekiyo. Ukuba ndikumemile kwam, uthi uza kuza wedwa ze sivumelane, kodwa xa ufika uze nabantu ababini nabathathu kuthetha ukuba ingxowa yam iyanda kufuneka ndithathe ngakumbi apha engxoweni. Nakubo ke ngokunjalo, ukuba uza nomthwalo omkhulu wezi nqanawa, uza kwandisa uhlahlo- lwabiwo-mali lwale ngxowa sinayo. Ithetha ukuba imali iza kwanda ibe zizigidi ngezigidi. Loo nto ifuna ukuba abanikazi bangenelele nabo ekusombululeni le ngxaki.
Le ngxowa isekelwe ukuze ikwazi ukuqokelela loo mali ibisele ixeliwe ngusihlalo wam xa ebethetha apha. Abacoli mafutha abamkela amafutha ngeenjongo zokuwacola, ngabo ekufuneka bafake imali kule ngxowa. Imali esengxoweni izokuncedisana nomsebenzi owenziwa ngelo xesha ukwenzela ukuba siphume kule ngxaki. Yingxowa yokuqinisekisa ukuba kujongwana ngeendlela nokukhuselo lonxweme lwethu kwanokuphila kwalo. Kaloku siyayazi into yokuba phaya elwandle ayingomanzi odwa aphaya koko kukwakho nezilwanyana ezidaliweyo zaselwandle. Umzk, iintaka zaselwandle le nto athi amaKhumsha xa eyibiza ziipenguins, iintlanzi, iindidi ngeendidi zazo kunye neentyantyambo ziphaya. Xa kuza kungcoliseka ulwandle lwethu, loo nto ithetha ukuba sibeka izinyalwana zaselwandle esichengeni. Loo nto ifuna ukuba sikhawulezise ukucoca ezo lwandle.
Eli lizwe libabalwe ngemvelo yaye amagugu amaninzi kweli anento yokwenza ngokusingqongileyo. Somlomo, njengoko usazi, singumbutho olawulayo wesizwe i-ANC, ukugcinwa kwamagugu sikwenza kube yinto ebalulekileyo. Ngale nyanga yamagugu, sinomgeni wokuqinisekisa ukuba isizukulwana esilandelayo asisishiyi sisengxakini esingasoze sikwazi ukumelana nayo. Kungoko ke kufuneka sihambe namafa ethu, siwakhusele naphaya elwandle kuba ulwandle lelinye lelifa esinalo kumafa alithoba esinawo ngokomthetho walapha ePalamente.
Sinamabali oyikisayo okusetyenziswa kakubi komhlaba wookhokho bethu. Abemi bezimbiwa babuthatha bonke ubutyebi kwikhulu leminyaka eyadlulayo. Thina ke sifumana imigodi enamanzi anobungozi. Le nto athi amaNgesi yi-Acid mine drainage. Laa ekufuneka senze kangangoko ukuze angachitheli amanzi asetyenziswa. (Translation of isiXhosa paragraphs follows.)
[Mr L SUKA: Hon Speaker, hon Members of Parliament, let me also join in on today's very important debate relating to marine pollution that results from the use of our coastline by large and small cargo ships.
South Africa's coastline is about 2 798 km long. Our seas can be rough and stormy at times. Many ships have fallen victim to our rough seas and the resultant wrecks require a lot of money to remove.
Every time we are faced with this problem, we always have to contend with the uncertainty of where the money for cleaning up the oceans is going to come from. It is like a child or an adult who is a guest in your house, who leaves the place dirty, with some dishes broken, and expects you as the host to fix the place and replace the stuff he or she broke. Therefore we have the provisions of this short Bill.
We therefore say, "You break, you fix!" Don't just pass through. The money we have is for taking care of environmental issues in respect of our oceans and not for fixing damage caused by passing ships. Unfortunately, the apartheid government sold our entire fleet in 1993, before we came on the scene. This left us dumbfounded. Now we have to fix the environmental damage left in the wake of some of those ships. [Applause.]
The envisaged fund planned around this Bill is in response to that. Research findings show that for each vessel that runs aground, R1,5 million is required to carry out the rescue. I would like for nongovernmental organisations to make their voices heard and demand that the owners of vessels involved in oil spills carry the costs of cleaning up. We are not responsible for the oil spills and the owners could not have anticipated that their vessels would break down, but they should insure their vessels so that as taxpayers our money is not used for rescue operations.
The clean-up costs are even doubled if the vessel concerned carries oil, which spills into our oceans. The damage resulting from such oil spills is unbelievable. If I invite you to my house as my guest and we agree that you will come alone, but you arrive with two or three more people, that means more costs to me. This principle applies to the owners of vessels; the larger the load carried by their vessels, the greater the costs to this fund. This means our costs will run into millions of rands. Owners of vessels should play a part in trying to find a solution to this problem.
This fund was set up to raise the amount of money indicated by my chairperson here earlier on. It is refineries that should contribute to this fund. The fund will help us out with the work being carried out at any given time. The fund is there to ensure that we take good care of our oceans. Indeed, we know that our oceans are not just the water, but also the marine life. For instance, there are sea birds, penguins and various species of fish and plants there. When our oceans are polluted, it places marine life at risk. This means we must waste no time in cleaning up our oceans.
This country is blessed with natural resources, and much of our heritage in this country is of an environmental nature. Hon Speaker, as you know, as the ANC we are the ruling party and we make preserving our heritage a priority. In this, the heritage month, we are faced with the challenge of making sure that we don't leave the next generation in a fix. That is why we have to preserve our heritage sites, including the coastal areas that, in terms of an Act of Parliament, are part of our nine heritage sites.
We have heard disturbing stories of the abuse of our forefathers' land. Mining companies took all the riches a century ago. Now we get mines with what is called acid mine drainage, which we have to make sure doesn't seep into the water we use.]
Such is our challenge that our coastline, as well as that of our African neighbours, is littered with wrecks, most of which remain a danger to the environment. The owners of such wrecks can simply limit their liability beyond a certain threshold to manage their losses.
We are a government that cares too much to want to limit our liability. Our obligation, and thus our undertaking to this country driven by our conscience, requires us to put in place adequate measures to ensure that we protect our heritage - in this regard, the rich maritime heritage.
Oko sikwenza kuba sinabantu abaphila ngokuloba iintlanzi kunxweme olukwintshona yeli, apho intlanzi nganye isusa inxele likakhetsekile. Sikwenza oko kuba sinomgeni wesimo sezoqoqosho eMpuma Koloni apho sinonxweme olude ekufuneka silusebenzisile. Sikwanawo nomgeni wemeko yaseMntla Kapa apho iindawo ezininzi eziza kuba neentshukumo zezoqoqosho olwaluqhutywa yidayimani nazo kuza kufuneka sizijonge, kodwa unxweme lusekho oluneentlanzi.
Somlomo, i-ANC njengoko iwuxhasalo Mthetho, sifuna nje ukuthi phaya kumhlobo wethu i-Cope, ezi zinto iziphakalisayo zilungile kodwa ezi zinto zezi zilungiswa ngulo Mthetho ngokuwukuxhasa. Mayingaziphakamisa ngokungathi ikhona enye into engenye eza kwenziwa engaphaya kwalo Mthetho kuba zezi zinto besivumelene ngazo entlanganisweni nasekomitini. Enkosi Somlomo. [Kwaqhwatywa.] (Translation of isiXhosa paragraphs follows.)
[We do this because we have people who depend on fishing for a living in the West Coast area of this province, where each fish helps to alleviate hunger. We do this because in the Eastern Cape we have a challenge in that we have an expansive coastal area that remains underutilised. We also have the challenge of having to aid the Northern Cape which has many areas whose economy depend on diamond trade; but we still have fish in the seas.
Hon Speaker, as the ANC we support this Bill. We just want to say to our friends from Cope that the points they are raising are relevant, but can only be addressed by them supporting the Bill. In raising those points, they must know that there is nothing more that can be done to address them other than through the Bill, because it encompasses all the matters we agreed on in committee meetings. Thank you, Speaker. [Applause.]]
TONA YA DIPALANGWA: Motlatsa Mmusakgotla, Maloko a Palamente a a tlotlegang a a neng a tsaya karolo mo puong e ya Molaotlhomo o re o bayang gompieno; ke a le leboga. Puo ya gompieno e kaya gore ruri re le Maloko a Palamente a mekgatlho e e farologaneng, re nna re ntse re tshegetsa ANC go baakanya tshenyo e e sa leng ya dirwa ke bao ba neng ba tshwere lefatshe la rona kalana ntlheng. Gompieno re a re re tshwanetse go tshegetsa Letlole la Bodit?habat?haba la Tuediso ya Kgotlelo ya Oli go ka dira gore yo o tswang kwa ntle, a tla a rwele ditone tsa oli mo Aforika Borwa tse di tla kgotlelang lefatshe le tikologo ya rona, a duedisiwe.
Pele e ne e a tle e re fa motho a tla a re nna ke feletswe, ke dikobo dikhutswane, e be e le gore puso ke yona e tshwanetseng go tsenya letsogo e baakanye. Gompieno re a re letlole le ke le e leng gore ditheo tse di tlisang oli mo Aforika Borwa, di tshwanetse di le duele gore le tle le kgone go nna le t?helete. Se se tla dira gore mo o reng o feletswe gona, puso e tle e kgone go tsenya kopo tuelo kgatlhanong le letlole le. Se se raya gore go okediwa mo godimo ga in?orense e o nang le yona. Ba diin?orense ba a tle ba re ke tlaleletso godimo.
Rona re itumelela gore Maloko otlhe a Palamente a tshegetsa Molaotlhomo o. Go na le Melaotlhomo e mengwe e e leng gore re tla e sekaseka e e buang ka ntlha e e tlhagisitsweng ke Rre Suka wa Cope. Gompieno re a re, jaaka re le puso ya ANC, re itumela thata gore re dirisa se se bidiwang mokgotledi o a duela ka sekgoa e le - the polluter pay - gore ditheo di seka tsa tswa kwa ntle tsa tla go dira Aforika Borwa thothobolo ya mathata le dikepe tsa bona. Ke ka moo gompieno ke reng ke a itumela ka ntlha ya fa re kgona go tshegetsa Molaotlhomo o, gore re tle re kgone go o tsweletsa pele. Ke a leboga. [Legofi.] (Translation of Setswana paragraphs follows.) [The MINISTER OF TRANSPORT: Deputy Speaker and hon Members of Parliament who were taking part in today's debate on this Bill, thank you. Today's debate is a clear indication that, as Members of Parliament from different political affiliations, we will always support the ANC in reforming what was destroyed by those who were in charge of our country in the past. Today we are saying that we need to support the International Oil Pollution Compensation Fund to ensure that those who come from foreign countries, bringing tons of oil into South Africa that pollute our land and environment, should be punished.
Previously, when someone claimed to have nothing and is poor, the government would intervene and assist. Today we are saying that this is the fund that companies that are bringing oil into South Africa are supposed to be contributing to to make funds available. This will assist in cases where there is a dire need; the government will then source financial assistance from this fund. This will mean that a contribution would be added to an existing insurance, which is referred to as a top-up cover.
We are happy that all Members of Parliament support this Bill. There are other Bills that we will discuss which relate to what was indicated by Mr Suka from Cope. Today we are saying, as the ANC, that we are happy about the application of the polluter pays principle to curb foreign companies from turning South Africa into a heap of their problems and ships. That is why today I am saying that I am delighted that we support this Bill, because in this way we are taking the matter forward. Thank you.] [Applause.]]