We have received information from our local correspondents in South Africa, Bowman Gilfillan Inc., regarding the subject matter.

Following the signature by President Cyril Ramaphosa of the Marine Pollution (Prevention of Pollution from Ships) Amendment Bill into law, South Africa has now enacted stricter laws as regards pollution emanating from ships. These changes will come into effect on a date to be proclaimed by the President.

Previously, although the authorities had the ability to impose fines on vessels that were found to discharge pollutants (knowingly or otherwise into the jurisdiction), the new legislation allows fines of up to ZAR10 million (almost USD550,000 at current exchange rates) to be imposed for MARPOL violations. This reflects a significant increase from the previous maximum amount, bringing South Africa into line with international standards.

Given the increase in traffic around the Cape, which is not expected to immediately cease in the near future, and the increase in casualty incidents as a result of the treacherous weather around the coast, resulting in an unusually high number of casualty and pollution incidents in 2024, this new development will provide authorities with greater powers of enforcement which will have a direct impact on owners and insurers who are involved in any pollution incidents.