South African Cruise Tourism Study (2010)

In November 2010, the South African Department of Tourism released a study entitled: “South African Cruise Tourism: Prospects, Benefits and Strategies” (SACT), which provides an overview of the prospects and benefits of the cruise tourism industry for South Africa and the southern African region.

The legal aspects are discussed in chapter 5, which is entitled: “Environmental Impacts and Benefits to South Africa”, under section 5.3: “Key Legislation and Policy” (pp 90-105). As this context would suggest, the focus is on environmental law. The study acknowledges that “other spheres of legislative and policy requirements might apply” and that the list compiled in the study “is not intended to be definitive or exhaustive” (p 90). Indeed, tourism legislation, consumer protection legislation and many pieces of shipping legislation, for instance, are not covered.

Nevertheless, the law section of the study offers a good introduction to the legal complexities of marine tourism and makes, in my opinion, another compelling case for taking seriously those aspects of our legal system. In doing so, one might want, for instance, to take note that the Maritime Zones Act, 1994 (Act 15 of 1994) also provides for internal waters (which are not mentioned in the study [p 90]). One might also want to take note of the fact that (i) South Africa is not a “subscriber” to the 1982 UN Convention on the Law of the Sea (the term has no legal meaning in this case); (ii) South Africa is not only a “signatory” to SOLAS, but a Party to it; and (iii) South Africa is not only “morally bound” to abide by those instruments, but legally bound to do so (p 90).

One of the purposes of my monograph on the law of the sea, to be published later this year, is to be of assistance in projects suchh as the detailed legislative review which the SACT recommends. One must agree wholeheartedly with the fact that such a review would need to include inter alia (i) the relevant conventions to which South Africa is bound; (ii) ascertaining “the level of adherence and compliance by operators (and monitoring by the relevant roleplayers)” in order to determine the effectiveness of the relevant legislation and conventions; and (iii) suggestions with a view to “adopting/changing legislation where necessary” (p 115).