National Ports Act, 2005 (Act No. 12 of 2005)Chapter 6 : Provision of Port Services and Port Facilities and Use of Land60. Suspension or cancellation of licence |
| (1) | Subject to this section, the Authority may cancel or for a reasonable period suspend a licence, if— |
| (a) | the licensed operator contravenes or breaches any condition of its licence, any provision of this Act or the regulations, or any directive issued by the Authority in terms of this Act; |
| (b) | the licensed operator is sequestrated, liquidated or placed under judicial management; |
| (c) | the licensed operator has made any assignment to, or composition with, its creditors; or |
| (d) | the safety of vessels and persons within ports or the national security of the Republic so requires. |
| (2) | The Authority may direct a licensed operator to take specified measures to remedy any contravention or breach contemplated in subsection (1)(a). |
| (3) | Prior to acting under subsection (1) or (2), the Authority must give written notice to the licensed operator— |
| (a) | indicating the intention to cancel or suspend the licence or the intention to issue a direction; |
| (b) | setting out the reasons why it is considering cancelling or suspending the licence or issuing the direction; and |
| (c) | affording the licensed operator a reasonable opportunity to make representations as to why the licence should not be cancelled or suspended or the direction should not be issued. |
| (4) | Where a licence is cancelled or suspended under subsection (1), the Authority may, if it considers that such cancellation or suspension would materially affect the movement of cargo or passengers in a port— |
| (a) | provide the port service or operate the port facility; |
| (b) | engage any employee of the licensed operator, or any third party, to carry out functions as directed by the Authority; and |
| (c) | recover any expenses from the licensed operator concerned. |