2. SOUTH AFRICAN MARITIME AND AERONAUTICAL SEARCH AND RESCUE AMENDMENT BILL, 2012(“the Bill”) PRESENTATION TO THE SELECT COMMITTEE ON PUBLIC SERVICES (NATIONAL COUNCIL OF PROVINCES) 1

3.  The South African Search and Rescue (SASAR) Organisation is a statutory organ established in terms of the South African Maritime Aeronautical Search and Rescue Act, 2002 (Act No.44 of 2002). Its mandate is to ensure the coordinated and effective Maritime and Aeronautical Search and Rescue service within South African Search and Rescue region. 2 2.BACKGROUND

4.  The Search and Rescue Service is provided in terms of the obligations accepted by South Africa after the signing and ratification of relevant International Maritime Organisation (IMO) conventions interalia, the International Convention on Maritime Search and Rescue, 1979 and Annex 12 to the Convention on International Civil Aviation, 1994. SASAR is charged with the responsibility to search for, assist and where appropriate, effect a rescue operation to survivors of Aeronautical and 3 3. BACKGROUND (Cont…)

5.  Maritime accidents or incident. SARSA is further charged with coordinating the evacuation of a seriously injured or ill person from vessels at sea where the person’s condition is such that he or she must obtain medical treatment sooner than the vessel would be able to get him or her to a suitable medical facility. 4 4. BACKGROUND (Cont…)

6. 5 5. BACKGROUND (Cont…)  SASAR is composed of representatives of government departments, agencies, business and voluntary organisations capable of availing resources for use for Search and Rescue purpose

7.  To amend the South African Maritime and Aeronautical Search and Rescue Act 2002 (Act No. 44 of 2002)  To insert certain definitions and to amend others; to expand membership of the SASAR, to empower SASAR to perform its function in terms of international agreement outside the Republic’s search and rescue region  To empower SASAR to determine procedures to be followed in conducting meetings of the sub-committee of SASAR; to explain how meetings of this committee should be held 6 6.OBJECTS OF THE BILL

8. 7. OBJECTS OF THE BILL CONT…. 7  To reword certain sections of the Act; to realign the section of the Act and to delete obsolete provisions  To amend the reference to the Aviation Act; 1962 (Act No. 74 of 1962) with the current reference of the South African Civil Aviation Act, 2009 (Act 13 of 2009)  To compel license holders of aerodromes, airfields, heliports and helistops to file emergency plans with the rescue co-ordination centre; to expand the reporting centres where a person can report an aircraft or vessel in distress

9. 8. OBJECTS OF THE BILL CONT…  To spell out the objectives of the aeronautical and maritime rescue co-ordination function  To expand the scope of the regulation making power of the Minister and to provide for matters connected therewith. 8

10. 9. CLAUSE BY CLAUSE EXPLANATION OF THE BILL  The Bill has 19 clauses, the salient features of which are as follows: –Clause 1 is a standard provision that defines certain words and expressions –Clause 2 and 3 rephrase the wording of section 2 and section 4 –Clause 4 amends section 5 by expanding the membership of SASAR and spell out the committees and sub-committees of SASAR –Clause 5 empowers SASAR to perform its functions outside the Republic`s search and rescue regions in accordance with the conventions 9

11. 10 EXPLANATION CONT…. - Clause 6 provides for alternative persons to preside over executive committee meetings of SASAR and also determines the procedures to be followed in subcommittees of SASAR - Clause 7 determines how meetings in the committee and subcommittees should be held - Clause 8, 9, 10 and 11 is amendment by realigning and rephrasing of the sections of the Act - Clause 12 deals with rephrasing of words in the section and deleting absolute provisions - Clause 13 provides for reference to the current Legislation. 10

12. 11. EXPLANATION CONT…… -Clause 14 makes it compulsory for rescue plans to be filed with rescue co-ordination centre and deletes absolute provisions -Clause 15 places a duty to a person who believes that an aircraft is in distress to report such incident -Clause 16 spells out the objectives of aeronautical and maritime co-ordination functions - Clause 17 makes it a duty on SASAR to submit a report on its activities to the Minister once a year -Clause 18 expand the scope of regulations making by the Minister 11

13. 12. CONTI…. - Clause 19 is a standard provision dealing with the short title and commencement of the envisaged Act 12

14. 13. CONSULTATION  Before the Bill was published for comments, the Bill was discussed and approved for public consultation by SARSAR committee members contemplated in section 5 of the principal Act.  The Bill was Published in Government Gazette No. 33126 on the 23 rd April 2010, Notice No. 538 of 2010.  Upon publication of this Bill, Comments were received from the following: - South African Maritime Authority (SAMSA) - Air Traffic and Navigation Services of South Africa (ATNS). 13

15. 14. CONSULTATION CONT….  All comments received were incorporated in the Bill.  The Bill was also presented to the JCPS Cluster on the 8 th May 2012 and the International Cooperation, Trade and Security Cluster on the 10 th March 2012 and both Clusters approved the Bill to be introduced into Parliament.  The Bill was presented to the Portfolio Committee on Transport and was approved on the 05 March 2013 and referred to the National Council of Provinces for their consideration. 14

16. 15. REQUEST  We request the Select Committee on Public Service to consider and approve the Bill. 15

17. THANK YOU DANKIE ENKOSI 16