Maritime skills development in KwaZulu-Natal: 2022

Maritime skills development in KwaZulu-Natal: 2022

by | Jan 17, 2024 | SAJMET, SAJMET V2

Maritime skills development in KwaZulu-Natal: 2022

Authors: Leticia A Grimett and Sihle Mzileni

ISSN: 2790-783X
Affiliations: Honorary Research Fellow at the University of KwaZulu-Natal School of Law, South African International Maritime Institute
Source: South African Journal of Maritime Education and Training, Volume 2 Issue 1, p. 35-56
https://doi.org/10.47348/SAJMET/2023/i1a3

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Grimett, L A and Mzileni, S
Maritime skills development in KwaZulu-Natal: 2022
South African Journal of Maritime Education and Training, Volume 2 Issue 1, p. 35-56 https://doi.org/10.47348/SAJMET/2023/i1a3

Abstract

The Operation Phakisa: Oceans Economy mandate, in line with the United Nations (UN) Sustainable Development Goals, calls for the extension of the benefits of maritime sector development to disadvantaged rural communities. This mandate can only be realised if the rural communities can actively partake in the sector. Research has shown that the coastal rural communities were unaware of the maritime sector, and few were prepared to partake in the maritime value chain. This maritime skills audit sought to determine the skills required by the maritime sector and the ability of the rural community to provide them. The research also sought to determine the geographical and educational gaps within the sector. Initially, the intention of the research was, to discover specific areas where skills shortages and education gaps were found. While the Protection of Personal Information (POPI) Act proved to be a limiting factor, the study still uncovered the structural issues affecting the education and training of rural learners. The maritime sector is primarily urban. Maritime training is also done within the urban sectors. While it should be a simple matter of the rural learners moving to urban centres to study, the deficiencies in the education of the rural populations have created a major systemic bottleneck. This paper provides the results of the maritime business audit, together with the issues facing the rural education sector and the obstacles they present.

Maritime skills development in KwaZulu-Natal: 2022

Smart Ports: Is SADC positioned for Transition?

by | Jan 17, 2024 | SAJMET, SAJMET V2

Smart Ports: Is SADC positioned for Transition?

Author: Leticia A Grimett

ISSN: 2790-783X
Affiliations: Honorary Research Fellow at the University of KwaZulu-Natal School of Law, South African International Maritime Institute
Source: South African Journal of Maritime Education and Training, Volume 2 Issue 1, p. 57-70
https://doi.org/10.47348/SAJMET/2023/i1a4

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Grimett, L A
Smart Ports: Is SADC positioned for Transition?
South African Journal of Maritime Education and Training, Volume 2 Issue 1, p. 57-70 https://doi.org/10.47348/SAJMET/2023/i1a4

Abstract

Whereas international trade was previously the preserve of organised business, the digital revolution and the increased popularity of online purchases on the internet has meant that international trade is now easily accessible at an individual level. At both a domestic and international level, the Covid-19 crisis amplified the pressure placed on businesses and consumers to adopt digital technologies, and this has been catalytic in moving the public towards greater reliance on online transactions and a movement away from traditional purchasing practices. Increased global trade at an individual level has put greater pressure on global supply chains, with every link in the supply chain being called upon to perform more effectively and efficiently. Ports, as gates of entry into domestic markets and transshipment routes, have been under increased pressure to conform to the needs of the international trading community. Greater trading volumes have put ports at risk of higher levels of crime by international and domestic criminal syndicates. The changing environmental landscape has meant that ships are being transformed for compliance purposes. Increased concern about water quality and impacts on sensitive habitats has put additional pressure on port authorities. These pressures have led to the creation of smart ports, which are fully automated, taking advantage of the latest technologies, blockchain and artificial intelligence (AI), and state of the art monitoring software and processes, while adhering to and promoting compliance with both the latest environmental protocols and the United Nations (UN) 2030 Sustainable Development Goals (SDGs). In this contribution to the conference, the discussion centres on the challenges facing ports in the Southern African Development Community (SADC) region, in the light of the latest global developments. Smart ports and the drivers towards greater changes are discussed and analysed. Finally, the state of ports in the SADC region are evaluated in the light of the latest global developments in order to determine whether our ports are prepared to transition and changes that can be made to facilitate the process.

Maritime skills development in KwaZulu-Natal: 2022

Learning opportunities for further career development and enhancement of seagoing professionals: A South African perspective

by | Jan 17, 2024 | SAJMET, SAJMET V2

Learning opportunities for further career development and enhancement of seagoing professionals: A South African perspective

Authors: Malek Pourzanjani, Hashali Hamukuaya and Tanaka Mugabe

ISSN: 2790-783X
Affiliations: Head of Naval Education, Marine Learning Alliance (MLA) College; South African International Maritime Institute; Honorary Research Fellow at the University of KwaZulu-Natal School of Law, South African International Maritime Institute; Researcher, South African International Maritime Institute; Nelson Mandela University
Source: South African Journal of Maritime Education and Training, Volume 2 Issue 1, p. 71-82
https://doi.org/10.47348/SAJMET/2023/i1a5

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Pourzanjani, M, Hamukuaya H and Mugabe, T
Learning opportunities for further career development and enhancement of seagoing professionals: A South African perspective
South African Journal of Maritime Education and Training, Volume 2 Issue 1, p. 71-82 https://doi.org/10.47348/SAJMET/2023/i1a5

Abstract

Maritime education and training (MET) institutions have experienced major changes in their structure, and provision of services over the past four decades. These changes have come about partly due to national and international requirements concerning the seafarers’ standards of competence and partly due to financial regimes under which these institutions are funded, forcing them to diversify into other areas and activities, such as consultancy, research, shore-based training programmes and mergers with larger Institutions. Today’s seafarer is also markedly different to those who went to sea some 30 years ago. The differences in seafarers’ attitude and approach to a seafaring career manifest in a desire to spend less time at sea and treat this as a steppingstone in their working life career. This is true for developed nations, and is more and more becoming the norm, even for the developing countries. With above in mind, one can argue that MET institutions have an excellent opportunity to provide a range of programmes and bitesize courses that can be undertaken by seafarers to prepare them for the next stage of their career. Distance learning and web-based programmes are now commonplace in many institutions, including MET institutions, especially after the recent pandemic and long periods of lockdown. This paper will discuss some of the issues involved in web-based and distance learning, and use a leading global provider of distance learning education to highlight some of the possible opportunities for South Africa as a case study.

Maritime skills development in KwaZulu-Natal: 2022

The rise of digitalisation and automation in the shipping industry and their impacts on training and system safety

by | Jan 17, 2024 | SAJMET, SAJMET V2

The rise of digitalisation and automation in the shipping industry and their impacts on training and system safety

Authors: Scott N MacKinnon, Reto Weber and Monica Lundh

ISSN: 2790-783X
Affiliations: Professor in Human Factors, Department of Mechanics and Maritime Sciences, Maritime Human Factors Research Group, Chalmers University, Gothenburg, Sweden; Simulator Manager/Lecturer, Department of Mechanics and Maritime Sciences, Maritime Human Factors Research Group, Chalmers University, Gothenburg, Sweden; Professor in Human Factors, Department of Mechanics and Maritime Sciences, Maritime Human Factors Research Group, Chalmers University, Gothenburg, Sweden
Source: South African Journal of Maritime Education and Training, Volume 2 Issue 1, p. 83-96
https://doi.org/10.47348/SAJMET/2023/i1a6

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MacKinnon, S N, Weber R and Lundh, M
The rise of digitalisation and automation in the shipping industry and their impacts on training and system safety
South African Journal of Maritime Education and Training, Volume 2 Issue 1, p. 83-96 https://doi.org/10.47348/SAJMET/2023/i1a6

Abstract

The ubiquitous application of digitalisation and automation within the maritime shipping industry will create disruptions that will have profound effects on how work is performed in the industry. The practice of safe navigation will require an evolution and subsequent evolvement of how operators and technologies interact in a complex sociotechnical system if a better understanding of system safety is to be achieved. Predictions of how actors and agents in the same workspace will emerge. This paper focuses on the current levels of automation prevalent in the navigation sector, a futuristic prediction and foresight of challenges related to the emergence of technologies, automation and artificial intelligence, and the competencies required related to the training of future seafarers.

Maritime skills development in KwaZulu-Natal: 2022

Maritime education and training – responding to the changing role of the seafarer

by | Jan 17, 2024 | SAJMET, SAJMET V2

Maritime education and training – responding to the changing role of the seafarer

Author: Tebogo A Mojafi

ISSN: 2790-783X
Affiliations: South African Maritime Safety Authority
Source: South African Journal of Maritime Education and Training, Volume 2 Issue 1, p. 97-120
https://doi.org/10.47348/SAJMET/2023/i1a7

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Mojafi, T A
Maritime education and training – responding to the changing role of the seafarer
South African Journal of Maritime Education and Training, Volume 2 Issue 1, p. 97-120 https://doi.org/10.47348/SAJMET/2023/i1a7

Abstract

Maritime transport carries more than two-thirds of the world’s total cargo and plays an important role in the sustainable development of the global economy. As a derivate of trade, the shipping industry allows citizens of the world to trade and people to gain meaningful employment. According to the 2021 BIMCO ICS Seafarer Workforce Report, there are about 74 000 vessels in the world merchant fleet, employing a total of 1.9 million seafarers (UNCTAD, 2021; Tang and Zhang, 2021). Abidin and Ismail sum the relationship between seafarer and ships by indicating that seafarers play a critical role in facilitating trade, whereas shipping is a critical element in the promotion of international cooperation. Like other industries, shipping is also impacted by changing developments around the world. The dawn of the fourth industrial revolution (4IR) brings about challenges concerning how the industry ensures that tomorrow’s seafarers have the necessary skills to ensure efficiency of the maritime industry. With the changing technologies, Emad, Enshaei and Ghosh caution against simply focusing on the development of technology and forgetting about getting the seafarers ready for the future maritime landscape. Over time, the role of the seafarer has changed, requiring the shipping industry to devise strategies aimed at developing seafarer skills and competencies. Acomi and Acomi found that maritime and offshore oil and gas graduates lacked some of the expected competencies including soft skills and industry experience. Whereas, the BIMCO Workforce Report6 estimates seafarer shortages, there are still many seafarers who are still battling to find employment. How should the country manage its seafarer development programme to ensure South African seafarer relevance into the future? This paper explores how the maritime industry should respond to the changing role of the seafarer. It establishes the challenges faced by South African seafarers regarding placement and explores the role of education and training in addressing the competitiveness of the seafarers.

Maritime skills development in KwaZulu-Natal: 2022

Challenges in International Convention on the Standards of Training, Certification and Watchkeeping Compliance: A case study of the South African Maritime Education and Training System

by | Jan 17, 2024 | SAJMET, SAJMET V2

Challenges in International Convention on the Standards of Training, Certification and Watchkeeping Compliance: A case study of the South African Maritime Education and Training System

Author: Yamkela Nhleko

ISSN: 2790-783X
Affiliations: ESD Coordinator, EThekwini Maritime Cluster
Source: South African Journal of Maritime Education and Training, Volume 2 Issue 1, p. 121-131
https://doi.org/10.47348/SAJMET/2023/i1a8

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Nhleko, Y
Challenges in International Convention on the Standards of Training, Certification and Watchkeeping Compliance: A case study of the South African Maritime Education and Training System
South African Journal of Maritime Education and Training, Volume 2 Issue 1, p. 121-131 https://doi.org/10.47348/SAJMET/2023/i1a8

Abstract

 Maritime education and training (MET) has been instrumental in the development of seafarers in South Africa and internationally. As a result, different MET systems are used to not only produce eligible maritime professionals but to ensure that they comply with the requirements of the International Convention on the Standards of Training, Certification and Watchkeeping (STCW) 1978, as amended in Manila. Some of the challenges in MET prove not to be exclusive but common to some maritime countries. As such, this study aims to explore South Africa’s unique approach to MET rather than the conventional approach of having higher education institutions dedicated specifically to maritime education and maritime training. This has created the need to analyse how the current MET system delivers training in compliance with the minimum standards of the convention. This paper therefore analyses how the STCW Convention and Code is embedded in the MET system in South Africa, and identifies the existing challenges in meeting the requirements of the convention, as well as identifying opportunities for improvement. The identification of challenges and opportunities is investigated by means of desktop research, reviewing existing literature, a document analyses on the academic and technical (vocational) framework, and a review of existing practice and benchmarking this against international practice standards (STCW). This paper proposes a framework that could contribute to the improvement of the current MET system in line with the requirements of the STCW 1978 as amended.

Notes: Strikingly Misconceived: National Union of Metalworkers of SA on behalf of Nganezi & others v Dunlop Mixing & Technical Services (Pty) Ltd & others (Casual Workers Advice Office as Amicus Curiae) (2019) 40 ILJ 1957 (CC)

by | Jan 17, 2024 | ILJ, ILJ V45 I1

Notes: Strikingly Misconceived: National Union of Metalworkers of SA on behalf of Nganezi & others v Dunlop Mixing & Technical Services (Pty) Ltd & others (Casual Workers Advice Office as Amicus Curiae) (2019) 40 ILJ 1957 (CC)

Author Martin Brassey SC

ISSN: 2413-9874
Affiliations: BA (UCT), LLB and HDipTax (Wits), Visiting Professor of Law (Wits), Senior Counsel
Source: Industrial Law Journal, Volume 45 Issue 1, 2024, p. 1 – 24
https://doi.org/10.47348/ILJ/v45/i1a1

Abstract

In this case note I endorse the conclusion reached in Dunlop but quarrel with the reasoning by which it was reached. In particular, I think the treatment of the duty of fidelity, reciprocally owed by each party to the other under the employment contract, was thoroughly misconceived.

Notes: Revisiting Uber Drivers as Employees — Comparing South African and UK Law

by | Jan 17, 2024 | ILJ, ILJ V45 I1

Notes: Revisiting Uber Drivers as Employees — Comparing South African and UK Law

Author André Mukheibir

ISSN: 2413-9874
Affiliations: Professor of Law, Nelson Mandela University; BMus, BJuris, LLB (UPE), BA Hons HDE (Unisa), DIuris (Amsterdam)
Source: Industrial Law Journal, Volume 45 Issue 1, 2024, p. 24 – 41
https://doi.org/10.47348/ILJ/v45/i1a2

Abstract

The UK Supreme Court in the case Uber BV v Aslam [2021] UKSC 5 recently held that Uber drivers in London were workers for the purposes of inter alia minimum wage regulations. In South Africa, the Labour Court in Uber SA Technology Services (Pty) Ltd v National Union of Public Service & Allied Workers (2018) 39 ILJ 903 (LC) (Uber SA) held that the Commission for Conciliation, Mediation and Arbitration (CCMA) had erred in finding that South African Uber drivers were employees of Uber SA. This note compares the two cases, as well as considering the distinction between ‘employees’, ‘workers’ and ‘independent contractors’.

Notes: Incompatibility in the Workplace as a Ground for Dismissal in South Africa: A Review of Cases

by | Jan 17, 2024 | ILJ, ILJ V45 I1

Notes: Incompatibility in the Workplace as a Ground for Dismissal in South Africa: A Review of Cases

Authors PT Mtunuse & T Ncetezo

ISSN: 2413-9874
Affiliations: Senior Lecturer, School of Law, Walter Sisulu University; Lecturer, Department of Management, Walter Sisulu University
Source: Industrial Law Journal, Volume 44 Issue 4, 2023, p. 41 – 52
https://doi.org/10.47348/ILJ/v45/i1a3

Abstract

Incompatibility occurs in a workplace when an employee does not work amicably with colleagues, fellow employees, and clients. However, in certain circumstances, incompatibility may occur due to the employer’s actions against employees. Incompatibility is not listed as a ground of fair dismissal in the Labour Relations Act (LRA) 66 of 1995, but arises from case law. Incompatibility is classified variously under incapacity, operational requirements, or misconduct. This note aims to investigate circumstances in which an employee may be dismissed for incompatibility at the workplace. A review of cases will be undertaken to expose disparities in courts’ decisions. The authors will recommend that there should be an amendment to s 188(1)(a)(i) of the LRA to include incompatibility as one of the grounds for a fair dismissal for the purpose of ending inconsistencies in our labour law jurisprudence.

The Regulation of Educator Misconduct in Public Schools

by | Jan 14, 2024 | ILJ, ILJ V44 I4

The Regulation of Educator Misconduct in Public Schools

Authors Cecile de Villiers & Christoph Garbers

ISSN: 2413-9874
Affiliations: Postdoctoral Fellow in Law, Stellenbosch University; Associate Professor, Stellenbosch University
Source: Industrial Law Journal, Volume 44 Issue 4, 2023, p. 2079 – 2109
https://doi.org/10.47348/ILJ/v44/i4a1

Abstract

The individual educator and her or his conduct are of central importance to the delivery of a quality basic education. This calls for a clear and co-ordinated response to address and prevent inappropriate educator conduct. Three broad deficiencies in current education legislation are identified. First, legislation provides for two types of educator, two different employers and two different sets of rules applicable to educator conduct in the same workplace. Secondly, the rules regulating the conduct of departmental educators contain an inappropriate legislative distinction between and description of ‘serious misconduct’ and ‘misconduct’, an unnecessary range of sanctions between a final written warning and dismissal and deficiencies in procedure. Thirdly, despite a clear overlap between the responsibilities of the employers of educators and the professional body for education, there is inadequate alignment between their roles, while gaps remain. The analysis relies not only on the provisions of the legislation itself, but also statistics and arbitration awards emanating from the Education Labour Relations Council. We argue that education legislation fosters an inappropriate managerial response to educator misconduct and suggestions for improvement are made.