A presentation by Janette Botha, transport and construction law specialist delivered during the CAIA Dangerous Goods Transport Summit, held at the Sunnyside Park Hotel in Johannesburg on 22 September 2015.
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Cross-border Transport and sub-Saharan African Transport Legislation
1. {
Cross Border Transport
and Sub-Saharan African
Transport Legislation
Transportation of Dangerous Goods Seminar
September 2015
2. Abuja Treaty: The harmonisation of national
policies….., particularly in the fields of …….industry,
transport ……….
Sectoral integration in transport
Adoption of common policies on transport
Integration of transport and communications
infrastructure
Harmonise rules
Memorandum of Understanding on Inter Regional
Cooperation and Integration amongst COMESA,
EAC and SADC:
Jointly develop infrastructure
Harmonise programmes on transport and
communications
Regional Ideal for Transportation of
Dangerous Goods
3. SADC Standards on dangerous goods
Cross border operator registration in COMESA-
EAC-SADC Tripartite
Vehicle Load Management Memorandum of
Understanding for COMESA- EAC-SADC Tripartite
Current Initiatives
4. Standardisation, Quality Assurance, Accreditation,
and Metrology Programme – to oversee
standardisation of policies and procedures for ensuring
quality and safety of trade in the region.
SADC Trade Protocol, Art 17: Members States must use
international standards, unless those standards are
inappropriate
SADC Protocol Transport, Meteorology and
Communications: Member states to adopt harmonised
standards on the transportation of dangerous goods
The South African Standards Suite on the Transportation
of dangerous goods have been adapted for SADCstans –
still in process
SADCStans
5. Parties: COMESA, EAC and SADC
Parties agree to incorporate the model legislation
provided in the Annex to the Agreement into domestic
legislation
Provision for the filing of deviations
Agree on model for decriminalisation
Final Approval during 2015 – signature –distribution to
Member Countries – implementation by member
Countries
MOU on Vehicle load Management
8. { {Monist Dualist
Continental Law
(Francophone and
Portuguese African
countries)
International agreements may
be self-executing
Ratification may be done by
Head of State or Cabinet
Steps usually needed:
Signature, Ratification and
publication
English ( Anglophone
African countries)
International Agreements
not self-executing
Ratification mostly be
Legislature
Steps usually needed:
signature, ratification,
statute
Monist vs Dualist Legal
Systems
vs
9. { {Monist Dualist
Francophone and
Portuguese
Rule of reciprocity:
agreement only enforceable
if the other country ratifies
and enforces
International Law
supersedes national law
Anglophone
No reciprocity rule
National law supersedes
international law
Monist vs Dualist
Continued
10. - Ratification and implementation of instruments
- Derogation from national sovereignty of Member States
- Diversity and variations of constitutional laws, especially their
interaction with public international law
- Dissimilarities and divergence between municipal laws, with
local legislation ignoring duly ratified conventions and treaties
- Lack of fully developed and mainly accepted legal principles
regulating, for example, contractual liability and delictual liability
- Lack of rules on the conflict of laws
- Poorly equipped courts of law
Obstacles Identified by SSATP
(Jean Grosdidier De Matons)
14. Regulation of transportation of DGs not centralised:
Road Traffic Act regulates the carriage of bulk liquids ( not
specifically hazardous) and prohibit the parking of
vehicles carrying dangerous goods in certain areas
Explosives Act – need a permit to carry explosives
Firearms act – need a permit to transport firearms
Kenya Bureau of Standards: Published all relevant
Standards but these have not been made compulsory
yet
Companies in Kenya adhere to Basel Convention as a
good practice
Kenya
15. Road Traffic Regulation requires placarding
(the warning diamonds)
Driver is the responsible person
No other standards seem to have been issued
except in relation to the distribution of
petroleum gas
Botswana
16. Road Traffic and Transport Regulations, 2001
Based on South African legislation
Not in effect yet – discussions planned for October
SANS copyright an issue with Namibia
Vehicle Mass Bill
Decriminalising overload offences
Introducing “security bond” equal to fine
Namibia
17. ZS 670-1: 2012: Transportation of dangerous goods by
road, rail, water and air. Part 1 : identification and
classification of dangerous goods for transport
ZS 670-2: 2012: Transportation of dangerous goods by
road, rail, water and air. Part: 2 Marking, labelling,
testing and packaging of dangerous goods guidelines
for transport in Zambia
= SANS 1023
Could not established whether standards have been
made compulsory
Not regulated in terms of Road Traffic Act.
Zambia
18. Road Traffic (Carriage of Hazardous Cargo)
Regulations
Contains operational requirements
No standardised placarding or emergency
information systems
Malawi
19. AU, COMESA-EAC-SADC Tripartite and SADC intends to
harmonise
No true harmonisation yet
Operators, consignors and consignees will have to take the
initiative to comply with the UN standards and to exercise
pressure on the governments of countries where they
operate to incorporate the standards into their domestic
legislation.
Conclusion