Protocol of Amendments to International Hydrographic Organisation (IHO) Convention: Department of Defence briefing

This premium content has been made freely available

Defence and Military Veterans

08 September 2009
Chairperson: Mr M Booi (ANC)
Share this page:

Meeting Summary

The Department sought the Committee's approval for the Protocol of Amendments to the International Hydrographic Organisation Convention, an intergovernmental consultative and technical organisation established in 1921 to support safety in navigation and the protection of the maritime environment. South Africa had become a member state in 1967. The Convention had been ratified by Parliament in 1968. South Africa was represented in the Organisation by the South African Navy Hydrograph. The implementing agency was the South African Navy which provided the Hydrographic Service not only for itself but for and on behalf of Government as well as South Africa's partners, the neighbouring states and the continent of Africa.

The third Extraordinary International Hydrographic Conference held in the Principality of Monaco had adopted on 14 April 2005 a resolution to amend the Preamble and 19 articles of the 1967 version of the Convention in accordance with Article XXI of the Convention. The objective of the Protocol of Amendments was to improve the scope, objectives, capacity and effect of the Convention.

The Hydrographer of the South African Navy gave a brief introduction to the Organisation, a brief synopsis of the importance of hydrography with respect to safety at sea, a status report on hydrography in Africa, and briefly the proposed amendments and what they were meant to achieve.

The Organisation's objectives as revised in 2005 were to promote the use of hydrography for the safety of navigation and all other marine purposes; to raise global awareness of the importance of hydrography; to improve global coverage, availability and quality of hydrographic data, information, products and services and to facilitate access to such data, information, products & services; improve global hydrographic capability, capacity, training, science and techniques; establish and enhance the development of international standards for hydrographic data, information, products, services and techniques and to achieve the greatest possible uniformity in the use of these standards; give authoritative & timely guidance on all hydrographic matters to states and international organizations; facilitate coordination of hydrographic activities among the member states; and enhance cooperation on hydrographic activities among states on a regional basis. There were 80 member states. The African continent was not that well represented in the Organisation.

If more countries would join the Organisation, membership fees would become essentially less. If South Africa would become the third African country to approve or ratify the convention, this would increase its international standing as well as advancing the cause of this important organisation. Lastly and most importantly to continue to be a member and a decision maker in this organisation would allow South Africa to continue to champion capacity building in hydrography in the region.

Members asked about the Hydrographic Office's role in relation to that of the Department of Transport on matters related to Safety of Life at Sea Convention and the carriage of goods by sea; about the membership fees in the International Hydrographic Organisation; about South Africa's role in capacity building in the region and the possible burden for South Africa of this role; for a definition of hydrography; what South Africa had achieved after many years as a member; if there would be opportunities for capacity building and dignified job creation for members of South Africa's population who lived inland; about the falling of aeroplanes into the oceans; how financial decisions were made; how member states came to be suspended; and if a scientific organisation such as the Organisation was able to recruit women and youth - this question was important because, in the new dispensation in South Africa, the Constitution required it.

The Chairperson said that Members would have a further meeting on the subject 'before we take it up with Parliament'. The Chairperson thereafter said that the Department would be invited to return to answer Members' questions after their final discussion.

A Democratic Alliance Member asked if the combat readiness briefings had now been postponed indefinitely. 'Is there any light at the end of the tunnel? And when do we anticipate that these briefings be presented to Parliament? It is absolutely imperative that we receive those briefings as soon as possible.' The Chairperson responded that the Committee Secretariat was interacting with the Department to find a suitable date.

An African National Congress Member asked about meeting with the unions and the possible threat to national security. She asked for an in-house discussion on the implication of the unionisation of the security cluster in general but in particular the military. The Chairperson said that the Committee should set aside a day for Members to have an open discussion amongst themselves on how to respond to this situation. The Committee had to decide whether or not it agreed with having unions in the defence sector. A Democratic Alliance Member was confident that a solution or an alternative could be found within the provisions of the Constitution. In the wake of what had happened at the Union Buildings 'this is a unique moment where there is cross-party support and a big appetite to simply put military unions out of business and I think that we should take this opportunity to take a very careful look at this matter.'

Meeting report

Opening
The Chairperson commended the international recognition achieved by the South African Navy Hydrographer. He valued the attendance of the Secretary for Defence, whose presence was vital as leader of Department of Defence delegations, 'Unless you want us to undermine him and deal directly with people in the Department'. The Committee always insisted that the Secretary for Defence introduce Departmental officials to the Portfolio Committee, since he was the head of the Department and as such directly accountable to the Committee.

The Chairperson welcomed Ms H Mgabadeli (ANC) as the Chairperson of the Joint Standing Committee on Defence.

Mr Tsepe Motumi, Secretary for Defence, apologised for the Minister of Defence, who was in Cabinet, and for the Chief of the Navy who had other engagements.

Protocol of Amendments to International Hydrographic Organisation Convention
Mr Motumi said that the Department sought the Committee's approval of the Protocol of Amendments to the International Hydrographic Organisation (IHO) Convention. The presentation would describe the Organisation, the reasons for the Protocol of Amendments and the implications thereof.

Mr S J Mc Duling, Office of the Secretary for Defence, had been the process manager for the past six years. The aim of the presentation was to inform Members of the modalities of the Protocol of Amendments to the International Hydrographic Organization Convention; and to recommend to Members that they support the unreserved approval of the entire Protocol of Amendments in the National Assembly.

The historical perspective was that South Africa had become a member state of the IHO in 1967. The IHO Convention had been ratified by Parliament in 1968. The current membership was 80 member states. The IHO was an intergovernmental consultative and technical organisation that was established in 1921 to support safety in navigation and the protection of the maritime environment. South Africa was represented in the IHO by the South African Navy Hydrographer, Captain (SAN) Abrie Kampfer.

During the third Extraordinary International Hydrographic Conference held in the Principality of Monaco, a resolution was adopted on 14 April 2005 to amend the Preamble as well as 19 articles of the IHO Convention 1967 version in accordance with Article XXI thereof. The objective of the Protocol of Amendments was to improve the scope, objectives, capacity and effect of the IHO Convention. It was an update basically to ensure that it still complied with the current requirements of a convention of that magnitude and importance. The Protocol of Amendments was entirely of a technical nature.

IHO Convention: operational and technical modalities of South Africa's Membership of the IHO
Captain (SAN) Abrie Kampfer, Hydrographer for the South African Navy, gave his part of the presentation, which was technical and operational. He gave a brief introduction to the IHO and a brief synopsis of the importance of hydrography with respect to safety at sea, a status report on hydrography in Africa, and briefly explained the proposed amendments and what they were meant to achieve.

The International Hydrographic Organization (IHO) was an intergovernmental, consultative and technical organization established in 1921 to support the safety-of-navigation, and the protection of the marine environment.

The Organisation's objectives as revised in 2005 were to promote the use of hydrography for the safety of navigation and all other marine purposes; to raise global awareness of the importance of hydrography; to improve global coverage, availability and quality of hydrographic data, information, products and services and to facilitate access to such data, information, products & services; improve global hydrographic capability, capacity, training, science and techniques; establish and enhance the development of international standards for hydrographic data, information, products, services and techniques and to achieve the greatest possible uniformity in the use of these standards; give authoritative & timely guidance on all hydrographic matters to states and international organizations; facilitate coordination of hydrographic activities among the member states; and enhance cooperation on hydrographic activities among states on a regional basis. There were 80 member states. The African continent was not that well represented in the Organisation.

The Safety of Life at Sea Convention (SOLAS), chapter V, regulation 4 was of great importance. This required that each contracting government, of which South Africa was one, should take all steps necessary to ensure that, when intelligence of any dangers was received from whatever reliable source, it should be promptly brought to the knowledge of those concerned and communicated to other interested governments. The whole world was divided into NAVAREAs to that end, and South Africa was such a coordinator.

Under regulation 9 contracting governments undertook to arrange for the collection and compilation of hydrographic data and the publication, dissemination and keeping up to date of all nautical information necessary for safe navigation. In particular contracting governments undertook in a manner most suitable for the purpose of aiding navigation: to ensure that hydrographic surveys were carried out; to prepare and issue nautical charts, sailing directions, lists of lights, tide tables and other nautical publications; to promulgate notices to mariners; and to provide data management arrangements to support all these services. Essentially that was the work of hydrographic officers. Contracting governments undertook to ensure the greatest possible uniformity in charts and nautical publications and to take into account; whenever possible, of relevant international resolutions and recommendations. The only way this could be done was through an organisation such as the IHO.

The United Nations Assembly in its resolution A/58/240 of 2003 welcomed the work of the IHO, and encouraged increased membership, The IHO was really the nautical arm of the United Nations, which invited IHO and International Maritime Organisation (IMO) efforts to accelerate transition to electronic charts and increased coverage of hydrographic information, and encourages intensified efforts to increase hydrographic capacity in least developed countries and small island developing states.

African IMO member states were indicated (slide 13). African IHO member states were indicated (slide 14) together with their status - member, suspended, pending, or non-members.

Capacity to produce nautical publications and charts was indicated (slide 15).

The Regional Hydrographic Commissions were described (slide 16). South Africa was a member of the Southern Africa and Islands Hydrographical Commission (SAIHC) (slide 17-18), one of four regional commissions that covered Africa. The Vice-Chairperson of SAIHC was Captain Kampfer. Members were France, Norway, Mozambique, South Africa, the United Kingdom and Mauritius. Associate members were Angola, Kenya, Madagascar, Mauritius, Namibia, Portugal, Seychelles, Tanzania and Malawi. Members who were not IHO members were associate members. This was so that member states could assist in looking after their needs.

Hydrographic responsibilities in southern Africa were indicated (slide 19). South Africa was the coordinator for its region. Portugal took care of charting for Angola. Portugal also assisted Mozambique because it possessed much source data. South Africa took care of the countries that lacked their own capacity.

IHO Capacity Building Efforts were indicated (slide 20). All these capacity efforts were arranged through the regional commissions. The majority of these capacity building efforts were through technical visits to establish hydrographic offices and advise on bilateral agreements with other countries that could assist. Captain Kampfer was involved in technical visits to countries in the region, for example, Namibia, Malawi, Mozambique, Tanzania, Kenya, and Uganda. Uganda and Malawi were landlocked but had navigable lakes and problems with the safety of navigation on these lakes. He was also responsible in SAIHC for the capacity building register and reporting to the IHO capacity building committee which awarded to the region ℮ 42 000 for capacity building for 2010. This, Captain Kampfer considered to be a major achievement.

The third Extraordinary International Hydrographic Conference held in the Principality of Monaco had adopted on 14 April 2005 a resolution to amend the Preamble and 19 articles of the 1967 version of the Convention in accordance with Article XXI of the Convention. The objective of the Protocol of Amendments was to improve the scope, objectives, capacity and effect of the Convention. In the four years since the adoption of the resolution, only the following 23 Member States had indicated their approval of the Protocol of Amendments: Australia, Cuba, Cyprus, Denmark, Estonia, Finland, France, Germany, Greece, Japan, Democratic People’s Republic of Korea, Republic of Korea, Latvia, Mexico, Morocco, Netherlands, Norway, Pakistan, Qatar, Spain, Sweden, Tunisia and the United Kingdom (slide 21). Thus so far in Africa only two countries had ratified.

The old structure of the IHO was described (slide 22). The Protocol of Amendments sought to change the structure. The information on which decisions were taken came from the working groups. These were various and had sub-working groups. In Monaco was situated the International Hydrographic Bureau which was the secretariat. The secretariat received responses from the Member States to include in resolutions to be put before the Conference which alone could make decisions. This old structure had started to grow from 1921. To try to make decisions, under the present Convention, the Conference which ordinarily met only every five years had introduced extraordinary conferences. If it could meet only every five years, such an organisation must really struggle to operate. The whole idea of the new Convention was to improve decision making.

The Proposed Model was described (slide 23); this tried to bring the IHO into line with other international organisations such as the IMO. An assembly was proposed in place of the conference, with a totally new concept, a Council. There would be two main committees in this proposed model, and the interregional planning committee under which all the regional commissions fell. Capacity building also was included in this structure. The Hydrographic Committee was the overarching body dealing with the technical aspects of cartography and hydrography. The Council would be the interface between Member States and the Assembly. The Council would be a group of 30 Member States and it would meet every year. It had taken much bargaining to produce a model for the Council that everyone was happy with. To begin with, it was very Eurocentric. The regional commissions played a big role in the IHO, and it was decided that there must be regional representation in the Council. Captain Kampfer guaranteed that in the present Council when this proposed model became approved there would always be an African Member State. This provision was enshrined in the new Convention. This was proposed in 2005, to get all these working committees in order, but it appeared that it would take some time to obtain the required votes to introduce the new Convention. A hybrid model was currently functioning at present. Thus there was still the International Hydrographic Conference meeting every five years, the Bureau, and the main committees.

The organogram was described (slide 24).

Implications for the IHO were: approval of the Protocol of Amendments to the IHO Convention was an indispensable prerequisite for the modernisation of the IHO; no longer could it work as in days gone by. Decision-making currently had to be conducted by circular letters. A certain amount of votes and returns from circular letters were needed to make any decisions. In the majority of the main committees one would rarely find more than 30 Member States present. Invariably, South Africa was the only African State present. 31 more approvals were needed before the Protocol of Amendments could come into effect. (Slide 25).

The implications for South Africa were that the membership fees would remain exactly the same. Membership fees were based on shares. A country's shares were based on the shipping tonnage of the country. So any country with only a few ships would have a much lower membership fee. South Africa had had four shares since 1994. If more countries would join the IHO, membership fees would become essentially less. If South Africa would become the third African country to approve or ratify the convention, this would increase its international standing as well as advancing the cause of this important organisation. Lastly and most importantly to continue to be a member and a decision maker in this organisation would allow South Africa to continue to champion capacity building in hydrography in the region.

Discussion
Ms A Dlodlo (ANC) asked about the areas shaded in grey (slide 15).

Captain Kampfer replied that there was very little information from them but he knew that they definitely did not have the capacity. About the areas in red, at the very best they had partial capacity.

A Member asked about naval insignia.

Rear-Admiral B H Teuteberg, Chief Director, Maritime Strategy, South African Navy, representing the Chief of the Navy, explained that the only two professional registered hydrographic surveyors in the South African Navy were Captain Kampfer and himself. Besides their affiliation badges, they also wore gold badges that indicated that they had held command at sea. Both officers had commanded SAS Protea, the hydrographic survey ship of the South African Navy.

Ms Dlodlo expressed her appreciation of this response. She asked for an explanation in one sentence of the Hydrographic Office's role was in relation to that of the Department of Transport on matters related to SOLAS and the carriage of goods by sea.

Rear-Admiral Teuteberg replied that he had anticipated a question about this anomaly. The anomaly was that the Safety of Life at Sea Convention (SOLAS) was signed by the South African Department of Transport and the Department of Transport actually represented South Africa in the IMO. Historically, however, the Hydrographic Service had always been in South Africa's case, and in the case of about 60 % of the states in the world, part of the navy, particularly those navies that operated submarines because the depth information that was required to produce nautical charts was essential for the conning of submarines under the water. Historically, when the Navy was born in 1922, the first vessel that it received as a gift from the UK was the HMS Crozier that became the first SAS Protea. The South African Navy was now using its fourth Protea. She had always been the hydrographic survey vessel of South Africa. Therefore one worked together with the Department of Transport to meet on the one hand the regulations of the IMO but on the other side our own responsibilities in terms of the International Hydrographic Convention. Navies generally need this information to do their work. The merchant navy needed this information to ensure the safety of merchant ships and trade, fisheries, and so on. Duplication was expensive and so one had assumed this responsibility. It was a 'sub-sub' programme within the South African Navy and was included in the Navy's business plan. It was recognised that the Hydrographic Office of the South African Navy was a depository of all governmental copyright information and hydrographic information, the only recognised information that might be used in the determination of maritime boundaries or maritime zones. On 09 May 2009 South Africa had lodged a claim for an extension of its continental shelf to make its sea area much greater for the benefit of future generations; this claim was based on hydrographic data lodged with the Hydrographic Office of the South African Navy, who wore a Navy hat in providing ships of the Navy with the data to enable them to proceed safely at sea, and a government hat in so far as he represented government in its national obligations.

Ms Dlodlo asked about the membership fees. She understood that they were determined by the number of ships. She asked if the number of ships included merchant, naval and fishing ships. She asked how the membership fees were determined for landlocked countries that had great lakes.

Rear-Admiral Teuteberg responded that the payment of membership was carried in the budget of the Department of Defence. It was based on the national tonnage register. If South Africa had a bigger tonnage register, obviously the premium would increase but so would South Africa's shares and voting rights were determined according to the number of shares.

Ms Dlodlo also asked about South Africa's championing capacity building in the region. With regard to South Africa's capacity and the incapacity in the rest of the continent except for Mozambique and Senegal, she asked how much of a burden in terms of rand value but also in terms of professional contribution this was to South Africa.

Captain Kampfer had won an award for capacity building in Africa from the United Kingdom. He said that the burden was really the time and effort that one put in oneself. There was the financial burden - his salary, which he had been paid already. The technical visits which he conducted were paid for by the IHO capacity building fund so that it was at no cost to the state. Running the capacity building register meant that one had to be in constant contact with the states in the region to assess their requirements. From one's visits one built up very good contacts. Unfortunately the regional commission met only every second year. Each state, member or associate, had to deliver a national report in which they presented their own inputs with regard to capacity building. Financially the burden was not big, it was really one's technical expertise that counted; South Africa had assisted Mozambique by printing charts for them in South Africa's office; that was capacity building because Mozambique had not the capacity to do that for itself. South Africa had trained many of the members in the region. At South Africa's Hydrographic school were members of the Angolan navy. One had members from Malawi, from Tanzania, and Mozambique and other countries. In most of the working committees as the only representative of the region, South Africa's capacity building role was to represent them and lobby on their behalf.

Ms Dlodlo said that the larger burden of ensuring that the African continent was empowered to the standard of the rest of the world fell on South Africa, and on Mozambique and Senegal to a certain extent, and of course on Nigeria as well. Those other countries did not meet the full requirements and she was therefore worried about the burden on South Africa. She urged that one should aim for an African solution to these problems and examine ways of regionalism that reflected the continent's existing pattern of regionalism while building capacity. The net effect of such an approach would be to reduce the burden on South Africa. Ms Dlodlo said that her question was about capacity in a generic form. That would be human resources, financial, all sorts of things.

Rear-Admiral Teuteberg affirmed and reassured the Committee that the Department of Defence, in particular the Navy, participated in the Standing Maritime Committee of the ISDFC of SADC, in which one of the standing items was hydrographic surveying and marine cartography, and therefore capacity building in the SADC region. There were four co-operation plans in SADC with respect to this committee; one of the four was the hydrography and cartography co-operation plan directed by Captain Kampfer who managed it on behalf of SADC. Therefore one recognised very clearly the importance of SADC but one also recognised that hydrography did not stop when one reached the boundary of a country. Therefore the South African Navy was instrumental in organising a symposium on sea power for Africa earlier in 2009. One of the sessions was allocated to capacity building in the region. Capacity building was not doing the surveys or the cartography for somebody else but enabling that person to do it himself or herself and that was exactly what one was doing. For example, one of the reasons why Norway was part of the regional hydrographic commission was the monetary aid that Norway was providing to Mozambique in establishing hydrographic surveying capability together with South Africa's guidance and assistance. 'So we see beyond'. He added that the regions that one saw on the maps all had a history behind them.

Ms Mgabadeli thanked the Chairperson and the presenters. As one who would be expected to speak in the debate in the National Assembly, she felt that she was nevertheless new to the subject. As one who had become a Member of Parliament since 2004 she felt that she should have known about the IHO for a long time. She had spent most of her years in KwaZulu-Natal, a province of large rivers with major ports. Yet in schools and universities one never heard about this subject.

Rear-Admiral Teuteberg replied that there had been a marketing campaign with big posters to be distributed to all schools. Perhaps one should do the same again. With regard to the Hydrographic Survey, it was one of the 'sub-sub' programmes of the Maritime Defence Programme. It was therefore covered in the business plan of the Navy and the Department of Defence, and in the quarterly reports. 'But the lesson that I am learning is that we need to do a lot more work in terms of trying to send the message to South Africans. We are obviously very proud of our achievements’ International Hydrographic Day was celebrated on 21 June.

Ms Mgabadeli asked for a definition of hydrography.

Rear-Admiral Teuteberg responded. Hydrography was really the business that one did in order to survey the seas and the coastal areas so that one gathered all the information necessary with which to produce charts (maps of the sea) in order for mariners to navigate safely from one place to another across the oceans or around the coasts. Therefore any ship that entered Cape Town's port would make use of a chart of the South African Navy. There were a number of services and publications. One of the achievements of the Hydrographic Office was full coverage of South African waters by charts. These charts were produced at various scales for the purpose for which they were needed. Therefore for entry into harbour one needed much more detail. In South Africa one could categorically state that one had good coverage of all the coasts. That gave South Africa the capacity to explore and exploit the sea not only as a medium of transport but also for sea fisheries. The basis of all the research that was done was in those charts. The exploration for any of the diamonds that could be recovered off the west coast, also the oil and the gas, was based on the hydrographic surveys that had been carried out by the South African Navy since its inception. Therefore one had the benefit of the South African Navy for its combat capability but also as a national asset in producing these products and services for the benefit of the public. Madagascar did not have this service. The ships that were required to trade in Madagascar paid about 500% more in their insurance premiums than the ships that were required to enter Cape Town. This was because the risk was greater. The price of these insurance premiums was reflected in the price of the goods imported or exported.

Mr Motumi added that the Hydrographic Office essentially produced 'road maps' of the sea to enable safe travel from one place to another across the oceans.

Ms Mgabadeli asked what South Africa had achieved after all those years of being a Member. She asked for examples of two brilliant achievements, or examples of hindrances.

Rear-Admiral Teuteberg said that South Africa was one of the few countries on the African continent that was able to produce a full set of charts. It was never found to be legally negligent. There was an occasion when Lloyd's of London had wanted to take South Africa to court because one of the ships that it had underwritten had hit a rock off Cape Agulhas. Lloyd's claimed that this rock did not appear on South Africa's charts. Therefore South Africa was legally liable and legally negligent. Of course one was very worried; this was a lot more than a pension. So it was decided to return to this area and resurvey it. It was not possible to find the rock on which the ship had apparently run aground, until entering an area depicted on the chart as dangerous and off limits to shipping. There was found a rock with scrape marks, and near to it a plate that had fallen off the bottom of the ship. This was sent it to Lloyd's and South Africa was found not to be negligent. South Africa could be proud over the years of having assured the safe navigation of all vessels around the coast of South Africa. The United Nations evaluated countries in terms of their capacity and capability and the South African Hydrographic Office had been placed in the class one category. There were only 13 countries in the world which met the standards of the class one classification.
 
Ms Mgabadeli asked if there would be opportunities for capacity building and dignified job creation for members of South Africa's population who lived inland. She also wanted to ensure that it would become an inheritance.

Rear-Admiral Teuteberg responded that he hoped that the legacy would not just be old charts. But a number of youngsters were trained nationally and internationally whether in India or in the United Kingdom because training which was not yet viable in South Africa. 'We have a legacy of youngsters coming through our system.' One of the problems was that of scarce skills. Hydrographers and cartographers were in the scarce skills category. There were many ex hydrographic surveyors of the South African Navy now working for oil companies in countries such as Nigeria or assisting governments to the north of South Africa in exploiting natural resources. There were only 27 posts in the S A Hydrographic office.

Ms Mgabadeli she asked about the falling of aeroplanes into the oceans and Hydrography's involvement in looking for the passengers who were lost at sea.

Rear-Admiral Teuteberg said that many of these regions were determined on the grounds of shipping lanes and also aircraft routes. If an aircraft fell into the sea, if one could assist in a normal search and rescue mode, one would. However, when the aircraft Helderberg fell just to the north of Mauritius the South African Navy provided the capability to find the black box. When the Air France aircraft disappeared on the way from Brazil to France, South Africa was on the point of offering services to assist in finding the black box but time ran out.

Captain Kampfer added that hydrographic equipment used for surveying was also very well suited for use in rescue operations, for example the multibeam systems of the Protea.

Mr D Maynier (DA) asked about representation and how decisions were made in the finance committee.

Rear-Admiral Teuteberg responded that there was a budget for a five year period approved by the assembly and managed by the International Hydrographic Bureau through the finance committee, which met every four or five years but conducted its business primarily by means of circular letters.

Captain Kampfer added that the Conference of the IHO made the decisions on expenditure. The Organisation's finances came from the membership fees that member states paid. Countries with enormous merchant fleets provided the bulk of the IHO's finances. 'Our contribution is really a drop in the ocean'. There was a five year work plan linked to the budget. If anything changed in the work plan that needed expenditure of funds it must be approved by all member states and that could be done only through circular letters or by convening an extraordinary conference. Controls were thus very tight. The Conference met only once in five years to approve finances.

The Chairperson asked how member states came to be suspended.

Captain Kampfer replied to the chairperson that suspension happened when a country did not pay its membership fees. However, the IHO was very lenient and normally allowed a couple of years' grace. Thereafter a country would be suspended but was always welcome to return on paying outstanding dues.

Mr L Diale (ANC) asked if a scientific organisation such as the IHO was able to recruit women and youth. This question was important because, in the new dispensation in South Africa, the Constitution required it.

Captain Kampfer replied that currently on SAS Protea there were two women officer surveyors. One lady was going to study at the end of 2009 in the UK. In the survey recorder branch, which is the ratings, there was also a split of women and men. The Hydrographic Office and the Survey had a total of about 60 posts. It's quite a small branch with quite a lot of responsibility and 'we're proud of that'.

Mr Motumi added that a very important matter that he wanted to emphasise was the continental shelf claim. This was on the agenda of the United Nations General Assembly at present. If South Africa won its claim, it would result in South Africa's expanding its borders to double its area which would have big implications for mineral resources oil explorations, diamonds and others.

Rear-Admiral Teuteberg explained that in terms of the United Nations Convention on the Law of the Sea 1982 which came into force in 1994, South Africa's Parliament on the 14 November 1994 passed the Maritime Zones Act of South Africa, making provision in terms of international convention for claiming a part of the sea surrounding its country as its own. As one went further away from the coastline so a country's rights and responsibilities diminished. Within the first 12 nautical miles (24 kilometres) of the coastline, that sea belonged to South Africa, and it had full rights over that sea. All laws in South Africa applied there and were totally applicable in that zone. The only thing that South Africa could not prevent was the use of that sea for 'innocent passage' which meant that a foreign ship could pass through those waters on its peaceful way to somewhere else. The next 24 nautical miles were called the contiguous zone and only four types of law were applicable there - fiscal, customs, sanitary and immigration. South Africa had added a fifth right and responsibility to protect the maritime culture of South Africa, and its maritime cultural zone extended 24 nautical miles or 48 kilometres. If one travelled as far as 200 nautical miles from the coast, South Africa had full control of the renewable and non-renewable resources. The renewable resources were seen as fish stocks. If managed properly they would be there for one's children's children. However, South Africa had the responsibility to exploit them carefully. South Africa also had rights and responsibilities for the non-renewable resources such as diamonds, and, off the coast of KwaZulu-Natal, manganese nodules which would become very important in the future. These lay in water 2000 metres deep. 'They're ours; we have assured that for the future of our country'. Based on certain scientific information, one could now claim an extension of that zone and it was known as the continental shelf claim which extended beyond the 200 nautical miles up to a maximum of 350 nautical miles. In that area South Africa had the responsibility to manage and to exploit the non-renewable resources. Therefore if oil or diamonds were to be discovered, they would belong to South Africa. South Africa had been able to lodge its continental shelf claim in time on 09 May 2009 at the United Nations commission in order for it to be ratified by 2011 that the continental shelf would become part of South Africa to the benefit of future generations.

Mr Motumi confirmed that he was happy with Rear-Admiral Teuteberg's explanation.

Mr E Mlambo (ANC) asked how long it took to qualify as a hydrographer. He was proud that Rear-Admiral Teuteberg and Captain Kampfer had remained while others had emigrated.

Rear-Admiral Teuteberg answered that hydrographers were all naval officers with a specialisation. He had been in the navy for 36 years. He spent the first 18 years in the Hydrographic Survey branch. It was a learnership wherein one did a certain level of hydrographic surveying and thereafter practical work before proceeding to the next course. He became a chartered hydrographic surveyor after 12 years in the Navy. There were also marine cartographers who were mainly trained at the Cape Town University of Technology.

Captain Kampfer added that at the lowest levels training took six years, including a one year practical course at the Hydrographic Office.
 
Protocol of Amendments to International Hydrographic Organisation Convention: regulatory process
Mr S J Mc Duling explained the due process that the Department had followed with regard to the regulatory process. The Plenary Defence Staff Council mandated the Defence Secretariat on 20 November 2006 to approach the Cabinet by means of a Cabinet Memorandum to obtain a Cabinet Mandate to table the Protocol of Amendments to the IHO Convention in Parliament in accordance with the constitutional prescripts. Intradepartmental consultations were held in November 2006. Inter-departmental consultations were held from December 2006 to January 2007 with the Department of Transport, Justice and Constitutional Development, SAMSA, and the Department of Foreign Affairs together with the Chief State Law Adviser, International Law. The IRPS cluster mandate was obtained at both levels in February 2007. A Cabinet decision by means of Cabinet Memorandum was obtained in May 2007. Tabling in the National Assembly and the National Council of Provinces was on 18 August 2009. Whenever the Department obtained approval from Parliament, the Department would have to inform the IHO by means of a suitable instrument through the Department of International Co-operation. The IHO would be notified after Parliamentary approval in 2009.

Section 231(2) of the Constitution 1996 stipulated that an international agreement, such as the IHO Convention, bound South Africa as a Member State only after it had been approved by resolution in both the National Assembly and the National Council of Provinces. Amendments to such international agreements were dealt with in the same manner, it was emphasised. It was further emphasised that the Protocol of Amendments was for approval not for ratification. Mr Mc Duling referred, with regard to the Protocol of Amendments, to Annexure B to the Explanatory Memorandum. He also referred, with regard to the implications of the Amendments, to Annexure B. With regard to Parliamentary approval, any proposed amendments to the IHO Convention in terms of Article XXI thereof, should be tabled in both Houses of Parliament for consideration in accordance with Section 231(2) of the Constitution, 1996. The Government of the Principality of Monaco, as Depository, must be informed of the RSA's consent to be bound by the Protocol of Amendments through the existing diplomatic channels by means of a suitable instrument. It was strongly recommended that the Protocol of Amendments to the IHO Convention of 14 April 2005 be approved, without any reservation, by both the National Assembly and the National Council of Provinces.

Discussion
The Chairperson said that Members would have time to reflect on the 'explanatory note' in preparation for a further meeting on the subject on Tuesday, 15 September 2009 at which meeting Members amongst themselves would conduct their final discussion 'before we take it up with Parliament'. The Chairperson thereafter said that the Department would be invited to return so answer Members' questions after their final discussion. The Committee Secretariat had reminded him that it would be appropriate to invite the Department of Science and Technology to join on that occasion in answering Member's' questions so that Members could benefit from that Department's guidance. '

Mr Maynier asked a follow-up question on finance. After reading the explanatory memorandum, it was apparent that additional expenditure was anticipated, but that it would not impact negatively on the budget. One would therefore assume that the additional expenditure could be absorbed in the existing budget.

Rear-Admiral Teuteberg said that it would be possible to absorb the additional cost of travel by the Hydrographer, whoever he or she might be, to go to Monaco to participate in the Council. The Hydrographic Office was virtually unique in the Department of Defence in bringing in an income. The data collected was shared internationally. Every time data appeared on another country's chart, that country would pay a royalty fee. That royalty fee went into the national revenue fund. At present it was about ₤80 000 pounds per year from the UK. One would later seek recovery of part of this money from the national revenue fund to cover some of the costs of hydrographic surveying.

Mr Maynier asked if he was correct in assuming that there was nothing in the Department's professional opinion that should cause the Committee to amend or object.

Rear-Admiral Teuteberg said that he certainly recommended that South Africa adopted the Protocol of Amendments. South Africa's international standing in hydrography had made it one of the leaders in the field, and he thought that adoption would contribute greatly not only to South Africa but to the region and the efficiency and effectiveness of the IHO as an organisation.

Mr Maynier asked if the Hydrographic Office had the resources to continue to do its good work.

Rear-Admiral Teuteberg said that the South African Navy in the same manner as the Department of Defence and the SANDF as a whole was managing to do its work within the budget but certainly it would appreciate if the Committee could recommend that more money be voted for. The South African Navy had budgeted for the expense of the Hydrographic Office in the MTEF; very clearly it was a 'sub-sub' programme; the Hydrographic Office was on the strategic capital acquisition master plan of the Department of Defence. The Office had also allocated money for the replacement of the SAS Protea with a fifth ship.

The Chairperson instructed Members to read the documents presented in preparation for 'a discussion amongst ourselves'.

Mr S J Mc Duling repeated Rear-Admiral Teuteberg's sentiments, that the Department sought approval without reservation of the Protocol of Amendments.

The Chairperson said that one did not talk like that in Parliament. 'We make the decisions. You put it in front of us and we decide. "Without reservation" is like in the army... leave it to us, we'll see.'

Mr D Maynier asked a follow-up question of clarity on the combat readiness briefings. These had now been postponed indefinitely. 'Is there any light at the end of the tunnel? And when do we anticipate that these briefings be presented to Parliament? It is absolutely imperative that we receive those briefings as soon as possible.'

The Chairperson said that the Committee Secretariat was interacting with the Department on that matter to find a suitable date. There would be an opportunity before Parliament rose. At the end of the day it was the Minister who had to give the approval, and the Committee had been giving the Minister some chance to familiarise herself with some of the issues that were taking place.

Mr D Maynier asked if the Minister was not giving approval.

The Chairperson said that this was not so, but that the strike had 'really upset some of the things that she had wanted to go through'. The Department had taken it very seriously. The Minister when she had spoken the previous day was quite frank about matters of discipline. She showed that she understood well what was taking place in the Department. 'For me that was good progress'.

Other business and conclusion
Ms Dlodlo asked about outstanding matters, meeting with the unions, and the possible threat to national security. She asked for an in-house discussion on the implication of the unionisation of the security cluster in general but in particular the military.

The Chairperson said that he agreed with Ms Dlodlo and that the Committee should set aside a day for Members to have an open discussion amongst themselves on how to respond to this situation. The Committee had to decide whether or not it agreed with having unions in the defence sector.

Ms Dlodlo said that in the past the ANC had been lambasted specifically by the DA on its views on certain court judgments. That was not an indication of the ANC's disdain or disrespect for the judiciary. It was on the issues enshrined in the Constitution and the selective implementation of the Bill of Rights. 'This is not a DA bashing exercise.' At some point there was a need to take off party hats and look at the interests of the Republic and its inhabitants. The problem emanated from a Constitutional Court judgment. The judiciary should understand that issues of national security would be debated by this Parliament. If there was a problem it was not with the judiciary but with some of its judgments as they affected national security. She advised leaving it to the Committee researchers including the Committee's legal adviser to see how the Committee could examine the issue without undermining other processes that had taken effect. 'If soldiers expose the vulnerability of the Union Buildings it is a serious problem'. She suggested that the Chairperson should lead the cluster. It was important to look at the matter with utmost humility.

The Chairperson responded that 'we are the lawmakers'. He would ask the advice of the legal adviser. It was not his wish to challenge the Constitutional Court, but it was necessary to point out the role of Parliament as the legislature.

Mr Maynier said that he would certainly welcome such a discussion. He was confident that a solution or an alternative could be found within the provisions of the Constitution. So he would welcome the advice of the legal adviser. In the wake of what had happened at the Union Buildings 'this is a unique moment where there is cross-party support and a big appetite to simply put military unions out of business and I think that we should take this opportunity to take a very careful look at this matter.'

The Chairperson said that it was very clear that everyone was concerned. It was matter of military discipline which was also a constitutional matter. It was important for the Committee to enter the debate with well-informed minds. He said that the above discussion was technically a debate amongst Members as to what steps they should take following what had happened at the Union Buildings, Pretoria, recently. He thanked the delegation and Members. The Committee would meet again on Tuesday, 15 September 2009.

The meeting was adjourned.

Share this page: