Briefing to Portfolio Committee on Home Affairs on

1. Briefing to Portfolio Committee on Home Affairs on Status Report the Department of Home Affairs’ Collaboration on Key Interventions in the Maritime Environment 30 August 2016

2. CONTENTS Purpose/Aim of Briefing Introduction/Context Status of Maritime Ports of Entry Collaboration and DHA Contribution with Ops Phakisa: Immigration Services Border Management Authority (BMA) Project Management Office Conclusion

3. PURPOSE/AIM OF BRIEFING To brief the Committee on the Status and Collaboration at Maritime Ports of Entry (POE’s) and participation in protecting the Ocean Economy (Operation Phakisa).

4. MARITIME CONTEXT

5. INTRODUCTION/CONTEXT South Africa is bordered by the ocean on three sides – west, south and east with a coastline of approximately 3,924 km. This coastline stretches from the Namibian border on the West Coast to the Mozambique border on the East Coast and has few bays or indentations that are naturally suitable for harbours.

6. INTERNATIONAL MARITIME JURISDICTION OF SA Under international law South Africa exercises marine jurisdiction over: Its internal waters which include all harbours; Its territorial waters which include the sea within a distance of 12 nautical miles from the coastal baselines. A nautical mile approximates to 1.85 km; Its contiguous zone, including its marine cultural zone, which includes the sea beyond the territorial waters but within a distance of 24 nautical miles from the coastal baselines; Its EEZ which includes the sea beyond the territorial waters but within a distance of 200 nautical miles from the coastal baselines; and Its continental shelf as defined in Article 76 of the United Nations Convention on the Law of the Sea.

7. OPERATION PHAKISA

8. OPERATION PHAKISA (UNLOCKING THE OCEAN ECONOMY) • In early 2013, Cabinet gave approval for the development of an integrated approach for Ocean Governance, as South Africa had been operating in terms of a Sector Based Ocean Management Approach, the aim was to move towards a more all-encompassing integrated and coordinated cross-sector management • Subsequently 6 laboratories (LABS) were established: this is aimed at integrating governance structures in the South African Maritime/Ocean environment, identifying and managing the inter-dependencies of socio-economic aspirations and environmental integrity, and unlocking sustainable ocean economy opportunities and developments: • Offshore Oil and Gas Exploration • Marine Transport and Manufacturing • Aquaculture • Marine Protection Services and Governance • Coastal Development and Tourism • Small Craft Harbours (underway)

9. 6 LABS: Small Craft Harbours Marine Transport & Manufacturing Fisheries and Aquaculture OPERATION PHAKISA Coastal Development & Tourism Offshore Oil and Gas Marine Protection Services & Governance

10. Marine Protection Services and Governance LAB This LAB is focused on the need to improve monitoring, control and surveillance; the identification and protection of sensitive and unique marine habitats and species as well as the co-ordination of required resources for compliance, enforcement and policing of the oceans and coast. This is undertaken through the following ten initiatives: Ministerial Committee and Secretariat to Govern Activities. Enhancement of Legislation into the Integrated Coastal and Oceans Management Act or Oceans Act. Review of ocean-related legislation. Accelerated Capacity Building Intervention in Ocean Governance. Enhanced and Coordinated Compliance and Enforcement Programme National Ocean and Coastal Information System and Extending Earth Observation Capacity. National Ocean and Coastal Water Quality Monitoring Programme. Creation of a Marine Protected Area Representative Network. Marine Protected Area / Marine Spatial Planning Discovery, Research & Monitoring Programme. Marine Spatial Planning Process.

11. Enhanced and Coordinated Compliance and Enforcement Programme • This Programme creates the platform to provide opportunities for an integrated and coordinated approach in addressing illegal activities within the ocean environment by creating systems, processes and practices that allow for detection of infringements (as well as prevention capabilities) followed by a co-ordinated and integrated response to deal with them. • Operation Phakisa creates a platform for all stakeholders in the Maritime and Marine space to address issues with different departments. The Department of Home Affairs was represented from inception to cross syndicate all the issues surrounding human movement within the context of Maritime Governance of which Immigrations Services is central.

12. NOT EXHAUSTIVE The enforcement initiative will optimise enforcement assets from all relevant departments, agencies and provinces, whilst leveraging on the Security Cluster Programme for the necessary Security Assessments Collaborated & Shared Assets This will support the existing Security Cluster Programme so that Security Assessments and Management Plans can be developed.

13. Pilot Project: Border of Namibia to Port Elizabeth (up to 200 nm) Coastline 12 nm EEZ 200 nm Compliance and Enforcement functions • Non-consumptive activity, e.g. whale watching and white shark cage diving • Marine protected species (seals, seabirds, turtles, penguins etc.) • Multi-Party Agreements (MPAs) • Illegal fishing • Pollution prevention and combatting • Piracy • Human trafficking • Effluent discharge (contaminated water) • Dumping at sea (waste) • Customs/excise/sanitary rules • Ballast water invasive species • Namibia PROPOSED START AND END DATE 01 JULY 2015 – 30 DECEMBER 2015 • Port Elizabeth NATJOINTS Supplementary Instruction 52 and the Operational Instruction 35 of 2012

14. IMMIGRATION MANAGEMENT SERVICES BRANCH

15. STATUS OF MARITIME PORTS OF ENTRY • The Department of Home Affairs has a presence at all eight Maritime Ports of Entry (POE’s) to deliver Immigration Services (include Admissions & Departures; Inspectorate functions) to all Vessels (Fishing; Passenger liners; Cargo; Yachts; Off Port Limits; Crew Changes). • Current Capacity: • Richards Bay – no dedicated staff, support from Province. • Durban Harbour – staff establishment of 40. • East London – no dedicated staff, support from Province. • Port Elizabeth – no dedicated staff, support from Province. • Port of Ngqura – no dedicated staff, satellite for PE Harbour. • Mossel Bay – no dedicated staff, satellite for Cape Town Harbour. • Cape Town Harbour – staff establishment of 33. • Saldanha Bay – no dedicated staff, satellite for Cape Town Harbour.

16. DHA CONTRIBUTION & SUPPORT OF INITIATIVES IN OPS PHAKISA • Crew Transfers & Changes. Crew changes at Cape Town International Airport to vessels off-shore were not allowed until the implementation of Ops Phakisa. The decision was revoked in the interest of economic development after engagements with the industry. Transfers and changes are allowed from coastal International Airports or where the best operational efficiency can be achieved in order to prevent unnecessary delays and additional costs. • Extension of Operational hours at Mossel Bay. The operational model for Mossel Bay harbour is currently on a call out basis and no permanent staff are stationed at the port, it is therefore been served from Cape Town Harbour Immigration. A more reliable and efficient service delivery model to serve crew changes has been introduced and Service Delivery has been increased because the crew changes can be done immediately since an official has been placed to provide those services and no unnecessary delays are incurred by the industry.

17. DHA contribution & Support to Ops PHAKISA • Classification of Oil Drilling Rigs. The issue on oil rigs has been revisited and it is regarded as a vessel meaning a floatable object. It is for this reason that workers on a rig be classified as part of sea going crew and has to comply with the regulations and immigrations requirements as for sea man. • Stakeholder Engagements with Industry. Operation Phakisa initiated a number of workshops between DHA and the Industry in order to resolve all Maritime and human movement related dynamics.

18. BMA: PROJECT MANAGEMENT OFFICE

19. RELATIONSHIP BETWEEN BMA & OPS PHAKISA

20. BMA & OPERATION PHAKISA COLLABORATION AREAS UNDER DISCUSSION “A number of areas are under discussion for enhance collaboration and mutual benefit”

21. BMA & OPERATION PHAKISA COLLABORATION AREAS UNDER DISCUSSION “A number of areas are under discussion for enhance collaboration and mutual benefit”

22. BMA & OPERATION PHAKISA COLLABORATION AREAS UNDER DISCUSSION “A number of areas are under discussion for enhance collaboration and mutual benefit”

23. BMA & OPERATION PHAKISA COLLABORATION AREAS UNDER DISCUSSION “A number of areas are under discussion for enhance collaboration and mutual benefit”

24. Conclusion • DHA will continue to seek opportunities to support Operation Phakisa through on-going collaboration with the Department of Environmental Affairs, which is the lead Department. • Similarly, the Border Management Authority (BMA) initiative will pursue current discussions and undertake further interactions with Operation Phakisa to ensure the realisation of common objectives.