| 1.1 | The Ports Regulator was established under the provisions of the National Ports Act, 2005. Under this Act, the main functions of the Ports Regulator are to: |
| (a) | exercise economic regulation of the ports system in line with government's strategic objectives; |
| (b) | promote equality of access to ports and to facilities and services provided in ports; |
| (c) | monitor the activities of the National Ports Authority NPA to ensure that it performs its functions in accordance with this Act. |
| 1.2 | The Members of the Ports Regulator were appointed in December 2006. Its first meeting was held on 28 March 2007. |
The current members of the Ports Regulator are:
| • | Mrs Gloria Tomatoe Serobe (Chairman) |
| 1.3 | The Ports Regulator recognises its obligation to discharge its regulatory responsibilities efficiently, equitably and in the best interests of the people of South Africa as a whole. It acknowledges that regulation can produce gainers and losers; and that it can affect property rights, economic growth and income distribution. It is well aware that regulation generates compliance and other costs which must be measured against the benefits associated with regulatory activity. These principles thus guide the Regulator and inform the expectations that stakeholders can have of the Regulator. |
| 1.4 | These Regulatory Principles were developed and determined in the context of the provisions of the National Ports Act, 2005; other relevant legislation; and the policy objectives determined by the government, and with the input of various stakeholders over the period of its development. |
| 1.5 | Government policy with respect to South Africa's commercial ports is as follows: |
Vision: South Africa's commercial ports system should be globally competitive, safe and secure, operating at internationally accepted levels of operational efficiency consistent with the goals and objectives of the Government's macroeconomic strategies. The commercial ports system must serve the economy and meet the needs of port users in a manner which is economically and environmentally sustainable. [White Paper on National Commercial Ports Policy, 2002, p.11]
Goals:
| • | To invest in port infrastructure, superstructure, equipment and system in ways which satisfy social, financial, economic or strategic investment criteria; |
| • | To improve the safety, security, reliability, quality and speed of port operations and services; |
| • | To enable port users to access the port system in the most efficient way possible; |
| • | To promote good employment practices and standards; |
| • | To achieve the above goals in a manner which is economically and environmentally sustainable, and minimises negative externality impacts on non-users; and |
| • | To promote intermodalism. |
[White Paper on National Commercial Ports Policy, 2002, pp.11-12]
Objectives:
| • | Ensure safe affordable, effective and efficient port services; |
| • | Encourage fair competition based on transparent rules applied consistently across the transport and port system; |
| • | Improve infrastructure and service levels where appropriate, based on user needs; |
| • | Ensure safe transportation, a clean environment and service to designated areas; |
| • | Establish appropriate institutional arrangements and legislation to support the governance of ports; |
| • | Promote the development of an integrated regional production and distribution system of support of government industrial policies; |
| • | Facilitate and enhance the expansion of international trade and tourism in general, and export in particular; |
| • | Promote the development of an efficient and productive South African port industry capable of competing in international markets; |
| • | Establish an appropriate regulatory framework that is also flexible and responsive; |
| • | Ensure high quality training and development of human resources; |
| • | Promote increased international relations; |
| • | Ensure cost effective and efficient port management and operation; |
| • | Ensure proactive integration of social, economic and biophysical environmental aspects during the early stages of port planning and throughout the port development cycle including the planning, design, construction, operation and decommissioning of port developments; |
| • | Ensure proactive communication and consultation with port stakeholders early on in the port planning stages; |
| • | Ensure that strategic port planning is closely aligned with the integrated development planning process of the associated city; and |
| • | Promote Black Economic Empowerment and Small, Medium, and Micro Enterprises. |
[White Paper on National Commercial Ports Policy, 2002, p.12]
National Commercial Ports Policy, Basic Principles:
| • | National needs, aspirations and requirements shall be of primary consideration; |
| • | Consideration of user and other stakeholder needs and views; |
| • | Port system development, management and enhancement will primarily remain a national function; |
| • | Regulation should be kept to a minimum without compromising national aspirations, safety, health, security, efficiency and environmental sustainability; |
| • | Participants in the market should be treated equally and fairly; |
| • | The principle of user pays or cost recovery, benchmarked against international best practice to ensure that the costs are globally competitive will be applied as for as possible, including an appropriate return; and |
| • | Strategic port planning will include the integration of social and biophysical aspects at the earliest stages to ensure sustainable port development. |
[White Paper on National Commercial Ports Policy, 2002, p.13]
The Ports Regulator will advance these policies at the minimum cost to the South African community through the responsible and efficient exercise of its powers as defined in the National Ports Act, 2005.
The Ports Regulator is committed to the principles of public accountability. Each year it will, amongst other things, commission an independent, developmental evaluation of its performance, and its corporate governance processes for every year following the publishing of the Directives issued under the National Ports Act.
Thank you.
Gloria Tomatoe Serobe
Chairman
