A recent rare sighting of a submarine in the False Bay area made news headlines. Some onlookers were very interested in why it was there and a few even speculated on whether it was a foreign vessel. This article gives a quick overview of the South African maritime law and governing of vessels in South African waters. 

South African maritime law encompasses a complex body of legislation and case law governing the operation of vessels in South African waters. The country’s rich history, diverse coastline, and strategic position at the southern tip of Africa have all contributed to the development of a comprehensive legal framework for maritime activities.

The first point to note is that South African maritime law applies to all vessels within South African waters, regardless of their nationality or registration. This means that foreign vessels must comply with South African laws and regulations when operating in South African waters. The primary legislation governing foreign vessels is the Merchant Shipping Act of 1951 (hereinafter referred to as The Act). The Act provides for the registration and inspection of ships, certification of seafarers, and the regulation of maritime commerce. Foreign vessels must obtain a permit to enter South African waters. This permit is issued by the South African Maritime Safety Authority (SAMSA) and is subject to certain conditions. A foreign vessel must comply with South African environmental regulations and pay applicable fees.

The National Environmental Management Act of 1998 provides protection for the marine environment and the Marine Living Resources Act of 1998 regulates fishing activities, which require foreign fishing vessels to obtain a permit. 

What constitutes South African waters? 
Maritime zones are areas of the ocean that are subject to different levels of jurisdiction and control. The United Nations Convention on the Law of the Sea (UNCLOS) sets out the legal framework for maritime zones and provides for the regulation of the international zone. 

The first maritime zone is the territorial sea, which extends up to 12 nautical miles from a coastal state’s baseline. Within the territorial sea, the coastal state has full sovereignty over the air, water, and seabed. Foreign vessels have a right to innocent passage through these waters, subject to certain conditions. 

The second maritime zone is the contiguous zone, which extends from the outer limit of the territorial seas to 24 nautical miles from the baseline. Within this zone, the coastal state has limited control over certain activities such as customs, immigration, and environmental protection. 

The third maritime zone is the exclusive economic zone (EEZ) which extends from the outer limit of the territorial sea to a distance of 200 nautical miles. Within the EEZ, the coastal state has exclusive rights to explore, exploit, and manage natural resources of the waters and seabed. Foreign vessels have a right to freedom of navigation and overflight. 

The fourth maritime zone is the continental shelf, which is an underwater extension of a coastal state’s territory and extends beyond the EEZ. The coastal state has the exclusive rights to explore and exploit the natural resources of the continental shelf. 

The international zone, also known as the high seas, is an area beyond the limits of the previous zones. The high seas are open to all states and subject to principles of international law, including the freedom to navigate, overflight, and the freedom to lay submarine cables and pipelines. 
The regulation of the international zone is primarily governed by UNCLOS and other international agreements, for example, the International Convention on the Prevention of Pollution from Ships (MARPOL). MARPOL requires ships to comply with strict environmental regulations in terms of the discharge of oil and other hazardous substances. 

One of the most significant cases involving foreign vessels in South African waters is the MV Treasure case.  In 2000, a Panamanian-flagged vessel, MV Treasure, ran aground off the coast of South Africa spilling 1300 tons of heavy fuel oil into the ocean, causing extensive damage and harm to marine life. The South African government took legal action against the vessel’s owner and the matter was settled for approximately R300 million. 

In conclusion, South Africa has a rich history of maritime law and a comprehensive legal framework that governs all vessels operating in South African waters. Maritime zones are areas of the ocean that are subject to different levels of jurisdiction and control. The international zone or high seas is governed by international law and conventions. The regulations are crucial for the protection of the marine environment and the sustainable use of ocean resources. 

WRITTEN BY HESRI ELOFF
Hesri Eloff is the candidate attorney at Miller Bosman Le Roux Attorneys.

While every reasonable effort is taken to ensure the accuracy and soundness of the contents of this publication, neither writers of articles nor the publisher will bear any responsibility for the consequences of any actions based on information or recommendations contained herein.  Our material is for informational purposes.

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