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You are no doubt aware of the violent riots, looting and insurrection in the province of Kwa-Zulu Natal... …this has now reached proportions beyond the control of the local law enforcement and security services…
…People are unable to get to the Transnet Port Terminals in the province which effectively means that operations cannot continue in the following terminals:
2.1. Durban Container Terminal Pier 1 & Pier 2
2.2. Durban Roro and Multipurpose Terminals
2.3. Richards Bay MPT and DBT
2.4. Maydon Wharf Bulk Terminal…
…As a result Transnet Port Terminals has to declare Force Majeure in terms of its operations in the aforesaid Terminals on an indefinite basis due to severe security concerns and violence in the province.
Operations will resume as soon as possible albeit on a reduced level as resources are available to service vessels carrying essential goods and customers will be engaged to identify those vessels which are critical being given priority
The effects of these unforeseen violent riots are beyond the control of Transnet Port Terminals and TPT has no option but to invoke the provisions of the Force Majeure clauses in TPT’s commercial agreements and Standard Trading Terms and Conditions, which violent riots and insurrection is regarded as a Force Majeure Event in terms of such agreements.
As a result if TPT is prevented from, or delayed in performing any of its obligations under such commercial agreement or in terms of our Conditions of Trade in respect of the Container sector or our Standard Trading Terms in terms of the Bulk and Break-bulk sectors and any annexure thereto as a consequence of such Force Majeure event, TPT shall be relieved of the liability for the delay or failure to perform any of its obligations under such agreement, Conditions of Trade or Standard Trading Terms.
Any claims arising from our operation under this state of Force Majeure will be dealt with in terms of the applicable contractual agreements and Standard Trading Terms and Conditions.
Kindly be advised that this constitutes an official notice suspending the provisions of all applicable contracts during this period and specifically from 24h00 on Sunday 11 July 2021 until further notice from the various Terminals that have been affected by these riots.
In order to minimise any negative impact the Force Majeure may have on the Agreements with its customer, Transnet hereby confirms that upon the normalisation of the situation in KZN it will do everything possible to perform in accordance with the Contracted turnaround times and will ensure a recovery plan is communicated to customers to ensure economic and operational recovery from this very unfortunate and devastating event.
It is also important to note that the provision of our service is subject to customers and their cargo handlers/siding operators taking necessary measures to protect Transnet staff who interface with their operations, but also their vessels.
Where vessels can be delayed or diverted to other ports we advise that this is done as a matter of urgency. Transnet would therefore welcome customers’ assistance in this regard to try and ensure business continuity and to update Transnet daily on the status of their vessels and alternative plans…
(For information about operations in South Africa, contact GAC South Africa at [email protected])
Source: Extract from Transnet letter dated 12 July 2021