Sapo backs down after trucker lock-out chaos

Deregistration put on hold
ALAN PEAT
THE DURBAN container cartage industry – the vital tool for keeping the Durban Container Terminal (DCT) moving – came to a grinding halt the day after the May Day holiday, as SA Port Operations (Sapo), without giving any notice to truckers, began unilaterally striking company names off the computerised register of approved cartage concerns. This effectively shut the gates of the DCT to dozens of vehicles sitting outside in the busy post-May Day rush for containers – and, as the day wore on, saw a three lane queue of trucks backing up along the approach road for kilometres, as truckers battled to get the vehicle deregistration rectified. This removal of trucking companies from the computer system, according to Sapo, was being done because they did not have signed copies of the DCT’s conditions of entry – a separate document unknowingly created by Sapo, and contrary to the conditions of the National Ports Authority (NPA) permits which all the trucking companies hold. “All our vehicles currently display the April 1, 2006 to March 31, 2007 permit issued to us by NPA,” said Malcolm Sodalay of Sammar Investments and chairman of the Durban Harbour Carriers’ association (DHCA). “Even so, scores of vehicles were not being allowed access.” This, he added, despite the fact that these permits clearly state: “VALID FOR ALL SA PORTS”. But not, it seemed, for the DCT whose management – along with that of the Pier One container terminal facility – had decided that they wanted their own exclusive rules of entry permit. Compounding the problem was that these concerns didn’t bother to let the truckers know about this new condition of entry demand. And further investigation by the truckers’ body only revealed further anomalies. “When we urgently enquired as to what attempts had been made to bring this requirement to the attention of affected parties,” said Kevin Martin, director of Freightliner and vice-chairman of the DHCA, “we were informed that notices had been posted in Sapo’s administration building - and copies made available at the scanner at the entrance to this building.” This, Martin added, was a ludicrous situation. “None of us, not even our drivers – who are our direct interface with Sapo – are allowed open access to that building. “And further complicating this ridiculous issue, even those parties who had by some miracle actually received copies of this document but had not filled them in correctly, were also having their vehicles de-registered without this error being brought to their attention. “To further rub salt in the wounds, one of our members who had completed the document correctly and handed it into staff at DCT, was also de-registered as he could not provide proof of this – as DCT does not issue a receipt to acknowledge same!” The irate trucking fraternity immediately took legal advice on the issue, and told lawyer Andrew Robinson of Deneys Reitz that all the DHCA members had both applied and paid for authorised entry permits by the NPA – Sapo’s landlords – under Harbour Regulation 98. These actions by Sapo were, in Robinson’s opinion, both unlawful and unconstitutional. “It is not even clear whether Sapo has the necessary authority to impose their conditions of entry in the first place,” he added. The DHCA then placed Sapo on notice that the situation was totally unacceptable, and briefed their legal council on Tuesday afternoon to make application to the High Court to ask for an Order of Specific Performance against the port operator. They also instructed that a copy of the application should be forwarded to Maria Ramos, CEO of Sapo’s parent company, Transnet. After a day of ducking and diving, Sapo eventually came back to the truckers on Wednesday (May 3), with a communication from Bongi Nzuza, protection services manager at the DCT, advising them that: “Deregistering of trucks with 2005/2006 entry permits has been put on hold until further notice”. DHCA, in turn, requested its legal council to place the matter on hold, Martin told FTW. “But,” he said, “the damage had already been done, and the industry serving the DCT brought to a staggering halt.