Marine pilotage in Namibia

• Jurisdiction: South Africa
• DOI: https://doi.org/10.47348/JOGA/2021/a5
• Pages: 147-173
• Date: 08 April 2021
• Author: Konstantinus, A.
• Published date: 08 April 2021

https://doi.org/10.47348/JOGA/2021/a5

147

MARINE PILOTAGE IN NAMIBIA

ABISAI KONSTANTINUS†

Director at Ndatara Surveys and marine pilot at Namport

As Namibia implements the strategy of expanding its ports to achieve

the strategic goal of becoming the regional logistics hub of choice, a

clear and urgent need exists to upskill pilots. To that end, this article

examines the Namibian law on pilotage in three areas: (i) the

master–pilot relationship; (ii) the vicarious liability for pilot error;

and (iii) the standards of training and certification of pilots. It does so

having regard to case law, best practices of leading maritime nations

and international standards. The article ends by recommending the

urgent revision of the primary legislation and the regulations that

govern the Namibian Ports Authority.

[Keywords] Pilotage, shipping, Namibian Ports Authority

I INTRODUCTION

For Namibia, the development of its two major ports in

Walvis Bay and Lüderitz represents a key strategic objective

in its national development plan.1 The success of that strategy

† NDip: Maritime Studies, MPhil: Shipping Law, PQE:ICS, MSC:

Shipping Management and Logistics, PhD: Transport Engineering,

Pilotage Certification, Chief Mate CoC and Marine Pilot (15 000 GRT)

Walvis Bay and Lüderitz. Although the author is currently an employee

of the Namibian Ports Authority (Namport), the views expressed in

this article do not necessarily reflect the views of Namport. The author

is grateful to Judge Nate Ndauedapo of the High Court of Namibia

and Dr Stanley Shanapinda, a research fellow at La Trobe University

in Melbourne, Australia for comments and suggestions on an earlier

draft of this article. Special appreciation is also owed to Prof Patrick

Vrancken and Mr Siqhamo Yamkela Ntola for extensive editing. The

responsibility for any errors is, of course, the author’s alone.

1 In 2004, Namibia adopted Vision 2030, a document that spells out the

country’s socio-economic development programmes and ambitions to

be achieved by the year 2030 (the document is available at http://gov.

na/vision-2030, accessed on 8 June 2020). In order to achieve these

goals, the country rolls out a national development plan (NDP) in every

cycle of five years, the latest being NDP5. One of the key goals in NDP5

is to have ‘a sustainable transport system supporting a world-class

logistics hub connecting SADC to international markets’ by the year

2022 (see p 38 of the NDP5, which is available at https://www.npc.gov.

na/national-plans-ndp-5/?wpfb_dl=293, accessed on 14 January 2021).

To that end, in 2015, the Namibian government commissioned the

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https://doi.org/10.47348/JOGA/2021/a5

depends on the safe operation of the ports. An evaluation of the

law and practice of pilotage is therefore essential. This article

critically examines the Namibian law on pilotage, including

the Namibian Ports Authority Act, 1994 (NPAA),2 with regard

to the core issues of the master–pilot relationship, the vicarious

liability for pilot error and the standards for pilot training

and certification.

As both an object of study and litigation, pilotage has

received little attention in Namibia. Until now, no cases have

been brought before the Namibian courts and one of the two

studies on the subject matter is by Kalulu,3 who compared

the pilot training and licensing procedures in Namibia with

those in Denmark. That study employed a qualitative survey

presented to pilots and maritime professionals involved in the

issuance of certificates of pilotage in the two countries with

the aim of determining the gaps in Namibian practices and,

on that basis, recommended that the Namibian government,

through the Directorate of Maritime Affairs (DMA),4 develop

and set the necessary rules for pilot certification. Kalulu did

so after ascertaining the minimum standards for pilot training

and certification and identifying the gaps between the practices

in Namibia and in Denmark.5 Subsequently, Konstantinus,

in his study of the development of short-sea shipping in the

Southern African Development Community, of which Namibia

is a member,6 makes reference to speedy pilotage services as

Namibia Logistics Master Plan (available at https://www.npc.gov.

na/?wpfb_dl=224, https://www.npc.gov.na/?wpfb_dl=224, accessed on

14 January 2021), a key part of which is the enhancement of port-related

services.

2 Act 2 of 1994.

3 S N Kalulu An Analysis of the Maritime Pilot Training and Certification:

A Comparative Study between Denmark and Namibia (MSc thesis,

World Maritime University, 2018) (available at https://commons.

wmu.se/cgi/viewcontent.cgi?article=1652&context=all_dissertations,

accessed on 8 June 2020).

4 The DMA was established in 1995 as the executive arm in the Ministry of

Works and Transport (MWT) responsible for ensuring safety of life at sea,

preventing marine pollution and promoting Namibia’s maritime interests.

For an outline of the MWT’s objectives, strategic and tactical maps, see

MWT ‘Directorate of Maritime Affairs’ (available at http://www.mwt.gov.

na/directorate-of-maritime-affairs, accessed on 7 June 2020).

5 Kalulu op cit note 3 at 4.

6 A Konstantinus Opportunities for Short-sea Shipping in the Southern

African Development Community (SADC) Region: Evidence Based on

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