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Development and Implementation of Uniform Safety World Maritime University The Maritime Commons: Digital Repository of the World Maritime University World Maritime University Dissertations Dissertations 2002 Development and implementation of uniform safety standards for inland waterways vessels and non-convention craft in Africa : the case of the Southern African Development Community (SADC) Tasiyana Wisdom Tengananwo Kamanga Follow this and additional works at: https://commons.wmu.se/all_dissertations Recommended Citation Kamanga, Tasiyana Wisdom Tengananwo, "Development and implementation of uniform safety standards for inland waterways vessels and non-convention craft in Africa : the case of the Southern African Development Community (SADC)" (2002). World Maritime University Dissertations. 1268. https://commons.wmu.se/all_dissertations/1268 This Dissertation is brought to you courtesy of Maritime Commons. Open Access items may be downloaded for non-commercial, fair use academic purposes. No items may be hosted on another server or web site without express written permission from the World Maritime University. For more information, please contact [email protected]. B>emW WORLD MARITIME UNIVERSITY Malmo, Sweden DEVELOPMENT AND IMPLEMENTATION OF UNIFORM SAFETY STANDARDS FOR INLAND WATERWAYS VESSELS AND NON­ CONVENTION CRAFT IN AFRICA. The case of the Southern African Development Community (SADC) By TASIYANA WISDOM TENGANAWO KAMANGA The Republic of Malawi A dissertation submitted to the World Maritime University in partial fulfilment of the requirements for the award of the degree of MASTER OF SCIENCE in MARITIME AFFAIRS (Maritime Administration) 2002 © Copyright Tasiyana Tenganawo Wisdom Kamanga 2002 To My family, Irene, Chawezi and Thobekile Kamanga to My late twin brother and all the lost loved ones and to My colleagues at the Marine Department and the SADC ACKNOWLEDGEMENTS This work is the culmination of my studies at the World Maritime University. It would be unworthy for me not to pay tribute to my wonderful wife, Irene, our daughters, Chawezi and Thobekile, my dad and mum, Mr. And Mrs. B.B. Kamanga for being patient while I pursued my studies. I would like to thank Professor P. K. Murkejee profusely for being the first to encourage me to undertake this study, and for his timely book “Maritime Legislation". The book filled a void in the study, explicating the measures necessary for legislating the Model Safety Regulations. I wish to express my gratitude to all the staff of the World Maritime University and the International Maritime Academy, Trieste, Italy both academic and administrative, for all their support throughout my studies. I would like to thank copiously my supervisor Professor Jan-Ake Jonsson for providing research material and useful comments during the progress of my work. I feel greatly honoured that DANIDA chose to sponsor me. I also thank Mr. A. D. B. Msowoya, Director of Marine Services for nominating me for the fellowship and for his vision that has made the marine department a wonderful place to work. My deepest gratitude go to the late Captain L. J. Mkawa, IMO Assistant Consultant on the Model Safety Regulations, who inspired me to undertake the study but never lived to see the final product. I acknowledge the untiring assistance by Mr. Juvenile Chiundu at the IMO who promptly responded to all my inquiries. I sincerely thank Mr. Jens — Uwe Schroder and Captain Rial for assessing my work. Finally, I thank all the visiting professors, classmates and particularly Mr. Brian Penjani Manda, for being a wonderful classmate, countryman and friend during my stay in Malmo. Ill DECLARATION I certify that all the material in this dissertation that is not my own work has been identified, and that no material is included which a degree a degree has been previously conferred on me. The contents of this dissertation reflect my own personal views, and are not necessarily endorsed by the University. (Signature): (Date): Supervised by: Professor Jan-Ake Jdnsson World Maritime University__________________ Assessor: Jens - Uwe Schroder World Maritime University: Co-assessor: Capt. Rial 11 ABSTRACT. Title of Dissertation: Development and Implementation of uniform safety standards for inland waterways vessels and non-convention craft in Africa: the case of the Southern African Development Community. (SADC) Degree: MSc. This dissertation focuses on the enhancement of maritime safety and environmental protection in the Southern African Development Community (SADC) through the development and implementation of uniform regional safety standards. The study looks at a multiplicity of issues to be considered to achieve the desired goal. A brief look is taken of the existing legislative framework and institutional arrangements in the region both in the dissertation and aimexes. Initiatives being taken both at national level and regional level to address the problems will be analysed with emphasis on those taken at regional level. The study also looks at diverse issues of flag state implementation and Maritime Administration. The roles of the flag states in implementing the Model Regulations are explained. The requirements for establishment of an efficient Maritime Administration to carry out these roles are also determined by analysing the weaknesses in the present institutional arrangements. The best option and process of legislating the Model safety regulations has been determined and solutions to any problems that may arise suggested. A critique of some provisions in the Model Regulations has been done. Several issues pertaining to Safety of navigation have been examined. New projects to enhance safety and environmental protection have been determined. This study goes further to look into how the region can benefit from Technical Cooperation to implement the projects. Recommendations on the need for further investigation on the subject have been made. TABLE OF CONTENTS Page No Declaration ’ ii Acknowledgements iii Abstract iv List of Tables xiv List of Figures xiv List of Abbreviations xiv 1 The overal perspective 1 1.1. Background to the study 1 1.2. Importance of the study 2 1.3. Objectives of the study 3 1.4. Scope and Methodology 4 1.5. Limitations and problems encountered 5 2 Unified Regional Regnlations and IMO Approach 6 2.1 Options available for the legislation and implementation of the model regulations. 6 2.1.1. Unilateralist approach. 6 2.1.1.1. Justification for unilateralist approach 6 2.1.2. Regional Approach: the best way forward 8 2.1.2.1. Background history of regional approach 8 2.1.2.2. Advantages of a regional approach. 8 2.2. The IMO approach in developing regional regulations 10 2.2.1. Analysis of existing legislation and documentation 10 2.2.2. Fact finding missions 10 2.2.3. Regional workshop and adoption 10 2.3. Regulations in other regions of the world 10 2.3.1. Safety regulations for non-convention sized ships in the Asian region 10 2.3.2. The Caribbean Cargo Ship Safety (CCSS) Code for ships of 24 m in length and over up to 500 GT. 11 2.3.3. Safety regulations for non-convention vessels operating in the Pacific region. 12 3 Legislation of the Model Safety Regulations 14 13.1 Introduction 14 3.2. Formulation and Implementation of National Legislation 15 3.3. Legal status of the Model Safety Regulations 15 3.4. The advantages of empowering the Minister or Department 16 3.5. The Drafting Process 17 3.5.1. Drafting Instructions 17 3.5.1.2. Drafting Instructions for the Primary Act 18 3.5.1.3 .Drafting Instructions for the Model Safety Regulations 18 3.6. General Contents of the Drafting Instructions 18 3.6.1. The tone of the drafting instructions 18 3.6.2 Background of the drafting instructions 19 3.6.3. Object and purpose of the drafting instructions. 19 3.6.4. The need for consultation in the drafting process. 19 3.6.5. Technical matters and terms of art 19 3.6.6. Other important considerations. 20 3.7. Steps of Drafting the Model Safety Regulations 20 3.7.1. Understanding the drafting instructions. 20 3.7.2 Analysing the drafting instructions. 20 3.7.3. Designing the legislation 21 VI 3.7.4. Composition 21 3.7.4.1.Ingredients of composition 3.7.4.1.1. Style of the composition, 21' 3.7.4.1.2. Logic in the draft legislation 21 3.7.4.1.3.Scrutinising the prepared draft 21 3.8. The language of drafting the Model Safety Regulations 22 3.9. Amendment of the existing legislation 22 3.9. Choosing the options: Code or Acts? 22 3.10. Regulatory and Penal legislation 22 3.10.1. Regulatory Sanctions 23 3.5.2. Penal sanctions 23 4. Requirements for an effective Maritime Safety Administration. 25 4.1. Maritime Administration 25 4.2. SWOT analysis of the Maritime Administrations 26 4.2.1. Strengths 26 4.2.2. Weaknesses 27 4.2.3. Opportunities 28 5.2.4. Threats 29 4.3. The size of the Maritime Administration 29 4.4. Establishing a Maritime Administration 29 4.5. The types of Marine Administration 30 4.5.1. Project unit or division of a ministry 30 4.5.2. Department of a Ministry 31 5.5.4. Executive agency or authority 31 4.6. Management of maritime activities in implementing the Model Safety Regulations 32 vii 4.6.2. Policy formulation 32 4.6.3. Policy development 33 5.6.4. Key issues to be addressed in developing policy 33 4.7. Funding for the Administrations 34 4.6.5. Appropriations funding 35 4.8. An economic approach to safety. 35 4.8.1. Cost Recovery. 3 6 4.8.1.1 .Considerations in introducing cost recovery 34 4.9 New Public Management reforms in the maritime industry: the case of Malawi 36 4.9.1. Caution on reforms 37 4.9.2. Analysis of effects of the current reforms in Malawi 37 4.10.
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