The Ports Regulator was established in terms of the National Ports Act, act number 12 of 2005. The Regulator is a key component of the ports regulatory architecture envisaged in the National Commercial Ports Policy. The Regulator’s key function is economic regulation of the ports system in South Africa, in line with the strategic development context of the state. In accordance with this mandate, the Regulator performs certain functions and activities in the industry that relate mainly to regulation of pricing and other aspects of economic regulation, promotion of equity of access to ports facilities and services, monitoring the industry’s compliance with the regulatory framework and also hearing any complaints and appeals lodged with it.
The Regulator has developed Directives and Policy Principles that expand the regulatory framework. These documents define how interested parties can engage in the processes of the Regulator and provide clarity on the process and content standards that all stakeholders can expect from, and in, their engagements in the regulatory processes.
The Regulator is comprised of a Chairman and Members appointed by the Minister of Transport. The Regulator is assisted in its operations and functions by a Secretariat that is headed by a permanent ex officio Member of the Regulator, the CEO. The Regulator functions with certain statutory and non-statutory committees that concentrate on aspects of the Regulator’s mandates. The Regulator is an independent regulator, within the context of the prevailing policy and regulatory framework. The Regulator is funded by fiscal allocation from national government. The Regulator has its offices in Durban, close to the Port of Durban.
This mandate is to be exercised in accordance with Government policy as set out in the National Commercial Ports Policy.
“South Africa’s commercial ports system should be globally competitive, safe and secure, operating at internationally accepted levels of operational efficiency consistent with the goals and objectives of the Government’s macro-economic strategies. The commercial ports system must serve the economy and meet the needs of port users in a manner which is economically and environmentally sustainable.”
The Ports Regulator will be regarded nationally and internationally as a world class institution which sets the standards for economic regulation in maritime ports.