P&I Associates, our correspondents in Durban, has provided us with the following information.
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I have been monitoring 3 new matters which have arisen in Durban over the last 10 days and it would appear that local immigration have “moved” the goalposts with regards to stowaways found on board ships in Durban whilst moored in port.
In each of the above cases, the vessel was in port either carrying out cargo operations or carrying out a stowaway search prior to departure when illegal people were discovered on board the vessel. Immigration were called to the vessel and in each case, the illegals were declared to be stowaways by Immigration rather than what we used to call “trespassers”.
On interviewing the stowaways it was clear that the stowaways boarded the vessel with stevedores and cleaners and clearly had the intention to stowaway on board the vessel. Immigration have advised that the obligation rests on the vessels to ensure that only authorised people are allowed on board the vessel and that it is the duty of the gangway watch to check that each person coming on board the vessel has a Transnet port permit. Please find below the type of permit required.
If the person boarding the vessel, this includes stevedores, agents, ship chandlers, cleaners, immigration, ship repairers and contractors does not have a Transnet permit (as shown above) then the person should be asked to leave the vessel and if need be, taken to the bottom of the gangway and port security notified. The port, as the landlord, will have the person detained and charged as a trespasser on their property.
If the illegal person is declared a stowaway by immigration then the vessel will be liable for all the costs and consequences of repatriating that person.
So in the past, where foreign nationals were found on board a vessel prior to sailing, they were deemed to be “trespassers”. Now, under the new interpretation being taken by Immigration they are being deemed to be “stowaways” unless the vessel can prove that they boarded the vessel in Durban and the vessel has evidence to support the allegation. This is proving difficult for the vessel to show since Immigration are not even listening to what the stowaway has to say, even if the stowaway alleges that he got on board the vessel in Durban, as stowaways always lie.
The first line of defence must NOW be that every person boarding a vessel in Durban must be in possession of a Transnet permit. No permit – no access to the vessel.
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