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National Ports Act, 2005 (Act No. 12 of 2005)

Chapter 6 : Provision of Port Services and Port Facilities and Use of Land

56. Agreements in port operations and services

 

(1) The Authority may enter into an agreement with any person in terms of which that person, for the period and in accordance with the terms and conditions of the agreement, is authorised to—
(a) design, construct, rehabilitate, develop, finance, maintain or operate a port terminal or port facility, or provide services relating thereto;
(b) provide any other service within a port designated by the Authority for this purpose;
(c) perform any function necessary or ancillary to the matters referred to in paragraphs (a) and (b); or
(d) perform any combination of the functions referred to in paragraphs (a), (b) and (c).

 

(2) An agreement concluded in terms of this section must provide for the Authority to monitor and annually review performance with regard to the operation of the terminal or facility and the provision of the relevant services in terms of a performance standard specified in the agreement.

 

(3) The services authorised under the agreement contemplated in subsection (1) may include stevedoring on board a vessel.

 

(4) Notwithstanding any other provision of this Act, the Authority may enter into agreements in terms of which it contracts out any service which the Authority is required to provide in terms of this Act.

 

(5) An agreement contemplated in subsection (1) or (4) may only be entered into by the Authority in accordance with a procedure that is fair, equitable, transparent, competitive and cost-effective.