Understanding the duty of care expected of maritime pilots during pilotage under the South African National Ports Act of 2005

Understanding the duty of care expected of maritime pilots during pilotage under the South African National Ports Act of 2005

by | Aug 2, 2026 | JOGA 2025, JOLGA

Understanding the duty of care expected of maritime pilots during pilotage under the South African National Ports Act of 2005

Author: L Grimmet

ISSN: 2521-5442
Affiliations: Honorary Research Fellow at the University of KwaZulu-Natal, Lecturer at Nelson Mandela University, Research Expert at SAIMI, Gqeberha, South Africa
Source: Journal of Ocean Law and Governance in Africa, 2025, p. 47 – 72
https://doi.org/10.47348/JOGA/2025/a3

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L Grimmet
Understanding the duty of care expected of maritime pilots during pilotage under the South African National Ports Act of 2005
Journal of Ocean Law and Governance in Africa, pp 47 – 72 (2025)
https://doi.org/10.47348/JOGA/2025/a3

 

Abstract

The South African National Ports Act 12 of 2005 imposes on pilots a duty of good faith while undertaking their pilotage duties. Without providing any clear guidelines. This is a departure from the previous position, which held pilots liable for gross negligence. An additional change in the South African position is that maritime pilots are now deemed to be employees of the relevant shipping company, while on board, for the duration of the service being rendered. Transnet and the harbour master take no responsibility for accidents within ports which are attributable to pilot error. This new approach to maritime compulsory pilot liability does not align with the English common-law and American legislative approaches. This short paper focuses on the implications of this new legislative approach, touching on the meaning of good and bad faith within the context of relevant international and domestic legislation, case law and recommendations by the International Maritime Organization (IMO).

Understanding the duty of care expected of maritime pilots during pilotage under the South African National Ports Act of 2005

Steaming towards cyber-resilient navigation: A review of industry readiness and the evolving regulatory landscape

by | Aug 2, 2026 | JOGA 2025, JOLGA

Steaming towards cyber-resilient navigation: A review of industry readiness and the evolving regulatory landscape

Author: S Ntuli

ISSN: 2521-5442
Affiliations: Lecturer, Cape Peninsula University of Technology
Source: Journal of Ocean Law and Governance in Africa, 2025, p. 73 – 124
https://doi.org/10.47348/JOGA/2025/a4

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S Ntuli
Steaming towards cyber-resilient navigation: A review of industry readiness and the evolving regulatory landscape
Journal of Ocean Law and Governance in Africa, pp 73 – 124 (2025)
https://doi.org/10.47348/JOGA/2025/a4

 

Abstract

As the maritime industry becomes increasingly digitised, shipboard navigation systems, including the Automatic Identification System (AIS), Global Positioning System (GPS), Radio Detection and Ranging (RADAR), and Electronic Chart Display and Information System (ECDIS), have emerged as critical vulnerabilities within the global supply chain. This paper evaluates the cybersecurity readiness of the maritime sector, highlighting the implications for African ocean governance and the regional blue economy. Adopting a qualitative doctrinal and comparative research methodology, the study analyses existing international legal instruments and South African domestic frameworks, such as the Cybercrimes Act 19 of 2020, to benchmark maritime standards against the robust regulatory regimes of the banking sector. The findings reveal significant gaps in maritime preparedness, characterised by a lack of harmonised standards and insufficient data-sharing protocols. The research argues that for African maritime nations to safeguard their waters and trade interests, a proactive regulatory shift is required, one that aligns with the 2050 Africa’s Integrated Maritime Strategy (2050 AIMS). By adapting the successes of the financial sector’s security frameworks, the maritime industry can strengthen its legal and technical resilience against evolving cyber threats.

Understanding the duty of care expected of maritime pilots during pilotage under the South African National Ports Act of 2005

Piracy and the sustainable development of coastal and marine tourism in Nigeria

by | Aug 2, 2026 | JOGA 2025, JOLGA

Piracy and the sustainable development of coastal and marine tourism in Nigeria

Author: K K Anele

ISSN: 2521-5442
Affiliations: Research Professor, Pusan National University, Busan, Republic of Korea
Source: Journal of Ocean Law and Governance in Africa, 2025, p. 125 – 167
https://doi.org/10.47348/JOGA/2025/a5

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K K Anele
Piracy and the sustainable development of coastal and marine tourism in Nigeria
Journal of Ocean Law and Governance in Africa, pp 125 – 167 (2025)
https://doi.org/10.47348/JOGA/2025/a5

 

Abstract

Coastal and marine tourism (CMT) plays a significant role in the sustainable development of littoral States. However, piracy, among other illegal activities on the sea, threatens its sustainable development. Specifically, Nigeria is a coastal state with a multicultural society, and the country has introduced laws (Nigerian Tourism Development Corporation Act) and policies (economic diversification, tourism, and the blue economy policies) to facilitate CMT. Nonetheless, piracy poses a potential threat to CMT development in the country. This article employs a doctrinal legal methodology to analyse legal instruments, policies, and existing literature on CMT and piracy, to determine the impact of persistent acts of piracy on Nigeria’s CMT. The article argues that piracy adversely affects CMT activities, especially when using cruise ships to visit tourist locations. Additionally, the absence of a specific policy on CMT development particularly creates a gap in synchronising tourism security initiatives with anti-piracy capabilities in Nigeria. Consequently, the study concludes that the introduction of corporate social responsibility (CSR) governance to curb the causes of piracy through CSR theories is a significant step towards the realisation of CMT development in Nigeria. This is key in reducing piracy because CSR integrates the introduction of CMT policy with existing related policies, paving the way for a positive environmental use that eliminates some of the causes of piracy.

Understanding the duty of care expected of maritime pilots during pilotage under the South African National Ports Act of 2005

Beneficial owners of vessels and state responsibility for illegal fishing

by | Aug 2, 2026 | JOGA 2025, JOLGA

Beneficial owners of vessels and state responsibility for illegal fishing

Author: P van Welzen

ISSN: 2521-5442
Affiliations: Senior Consultant, CMS South Africa, Qualified Advocaat (Netherlands) and Solicitor (England and Wales)
Source: Journal of Ocean Law and Governance in Africa, 2025, p. 168 – 203
https://doi.org/10.47348/JOGA/2025/a6

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P van Welzen
Beneficial owners of vessels and state responsibility for illegal fishing
Journal of Ocean Law and Governance in Africa, pp 168 – 203 (2025)
https://doi.org/10.47348/JOGA/2025/a6

 

Abstract

Many African coastal States suffer the adverse impacts of illegal fishing in their exclusive economic zones. The situation is aggravated by the failure of States to act against violations of fisheries regulations by vessels flying their flag. In its advisory opinion of 2015, the International Tribunal for the Law of the Sea determined that a vessel’s flag State has a due diligence obligation to take necessary measures to ensure that vessels flying its flag comply with such regulations. However, due to the limitations imposed by international law on enforcement jurisdiction, a flag State may not be able to enforce its measures against persons located abroad. It is suggested that coastal States should also hold beneficial owners of vessels responsible for violations of their fisheries regulations. There are strong arguments under international law that the States in which the beneficial owners of fishing vessels are located have an obligation to take measures against such owners if their vessels engage in illegal fishing. Including vessel owner States in combating illegal fishing could make it more difficult for the persons benefiting from them to engage in such activities.

Understanding the duty of care expected of maritime pilots during pilotage under the South African National Ports Act of 2005

The role of coastal indigenous communities in circular economy practices

by | Aug 2, 2026 | JOGA 2025, JOLGA

The role of coastal indigenous communities in circular economy practices

Author: L Nqunqa

ISSN: 2521-5442
Affiliations: South African International Maritime Institute
Source: Journal of Ocean Law and Governance in Africa, 2025, p. 204 – 230
https://doi.org/10.47348/JOGA/2025/a7

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L Nqunqa
The role of coastal indigenous communities in circular economy practices
Journal of Ocean Law and Governance in Africa, pp 204 – 230 (2025)
https://doi.org/10.47348/JOGA/2025/a7

 

Abstract

Circular Economy (CE) is now seen as transformative approach to addressing environmental and economic challenges. While most of the attention is placed on industrial and large-scale operations, coastal indigenous communities have been upholding circularity for decades through indigenous knowledge systems that emphasise environmental stewardship and regeneration resources. This paper explores the role of coastal indigenous communities in circular economy practices. A great emphasis is placed on the importance of traditional knowledge in sustainable management of resources. The paper highlights the longstanding integration of circular economy principles within indigenous livelihoods and explores how the modern circular economy can benefit from these practices. The paper adopts a qualitative approach to identify key themes such as ocean pollution, policy frameworks, economic growth and the potential of recognising indigenous knowledge CE perspectives into sustainability strategies. The key findings of the paper lay out the importance of policy support in recognising indigenous knowledge contributions and the necessity for a bottom-up approach in implementation.