Transnet hits road to explain permits

TRANSNET has embarked on national port concessions road shows.

They are being held in all major port cities to:

Inform stakeholders and bidders.

Explain the Transnet National Port Authority (TNPA) concession objectives and clarify the selection process.

Highlight the concessions programme over the next three years.

The National Ports Act, which regulates ports in South Africa, came into effect in 2006. Concessions are agreements entered into between the TNPA and a partner in terms of section 56 of the act to:

Design, construct, rehabilitate, develop, finance, maintain or operate a terminal or port facility or provide related services.

Provide any other service at a port for this purpose.

Perform any function necessary or ancillary to these.

Any such agreement must provide for the TNPA monitoring and reviewing performance every year in terms of a standard specified.

And all awards of agreements, licences and permits must flow from a procedure that is fair, equitable, transparent, competitive and costeffective.

The final version of TNPA guidelines,approved by Transnet’s board of directors in 2008, constitute official policy which, the road shows stress, will not be amended.

Section 57 provides that unless an agreement contemplated in section 56 has been concluded, no person other than the TNPA may provide a port service or operate a port facility other than in terms of a licence issued under this section.

There are also stringent compulsory administrative requirements to be complied with in applying for a licence.

It is being emphasised at the road shows that it’s crucial for licence applicants to comply with the requirements. These include the attendance of briefing sessions, adhering to time frames, meticulous attention to detail with regard to the preparation of the application documents and the inclusion of compulsory information.

The transformation aspect is emphasised in that previously disadvantaged applicants are considered, with the minimum requirement BEE level 4.

Transnet says it is committed to radical economic transformation, seeking to do business with companies that have transformed and continue to transform.

The organisation said it “looked forward to welcoming new previously disadvantaged players to the port space”.

The TNPA will issue invitations for parties to apply for licences, registrations and permits in the manner set out in the guidelines. These will be published in the Government Gazette

(where required) and national newspapers, and on http://www. transnetnationalportsauthority.net/ legal – this website will also provide all of the necessary supporting documents and application forms.

Govender is a senior associate at Livingstone Leandy.