Orientation
Governing: Merchant Shipping Act 57 of 1951; immigration and customs legislation as applied by the BMA and SARS. See also: From South Africa to Superyachts for the crew route abroad.
Why yachts come to South Africa
Superyachts come to South Africa for four main reasons:
| Reason | Typical case |
|---|---|
| Refit and repair | Yard periods in Cape Town, at rand prices |
| New builds and deliveries | Yachts and catamarans built in Cape Town and delivered abroad |
| Passage | Circumnavigations and Indian Ocean-to-Atlantic transits rounding the Cape |
| Cruising and expedition | Owners exploring the Cape, the Garden Route or heading for Antarctica and the South Atlantic |
It is not a major charter ground for foreign-flag superyachts, and L1.3 explains why that question needs care.
The law
The Merchant Shipping Act 57 of 1951 remains South Africa's principal shipping statute. A replacement, the Merchant Shipping Bill (B12-2023), was introduced on 11 May 2023. When checked for this course the Parliament page did not show it as passed by either House. Plan on the 1951 Act and its regulations applying.
The players
| Body | Role for a visiting yacht |
|---|---|
| SAMSA (South African Maritime Safety Authority) | Maritime safety, seafarer certification, SA ship registration, inspection of vessels operating commercially |
| BMA (Border Management Authority) | Immigration at ports of entry |
| SARS (Customs) | Clearance in and out, temporary import of the yacht, VAT refunds on departure |
| TNPA (Transnet National Ports Authority) | Port control, berthing in the commercial ports |
| DFFE and SANParks | Marine protected areas, whale and wildlife rules, permits |
In practice a superyacht deals with most of these through its local agent, and the agent is the first appointment to make when planning a visit.
Ports of entry
The BMA states that South Africa has 71 ports of entry, of which nine are sea ports. A yacht must clear in at one of them. Not every commercial harbour is a port of entry, and smaller harbours such as Simon's Town and Knysna are not. The ports most used by yachts, and the procedure, are in L1.2.
CAUTION - Rules in motion Border and customs arrangements in South Africa have changed in recent years, with the BMA taking over immigration at ports of entry. Always confirm current procedure with the agent before arrival.
Flag and law
A foreign-flag yacht remains subject to its flag state's rules on safety, manning and crew certification while in SA waters. South African law adds its own requirements for entry, customs, immigration, the environment and, if the yacht operates commercially, local operation. Much of this course is about where those two sets of rules meet.
South African-flag yachts
A small number of large yachts are on the South African register, usually because of local ownership or build. They are subject to the full Merchant Shipping Act regime, SAMSA survey and SA crew certification. The certification side is in SAMSA Seafarer Certification and the STCW Route.
TIP - Appoint the agent first The agent's first job is a checklist for your particular yacht, flag, crew nationalities and plans. Everything else in this course is easier with it in hand.