SA Tightens Marine Pollution Laws to Safeguard Oceans and Economy

In a major legislative step toward protecting its marine environment, South Africa has amended its Marine Pollution Act, introducing more stringent measures against ship-related pollution. The Marine Pollution (Prevention of Pollution from Ships) Amendment Bill, signed into law by President Cyril Ramaphosa in January 2025, represents a landmark in the country’s efforts to align marine protection with global environmental standards.

The bill’s enactment is part of South Africa’s broader response to climate change and pollution, particularly during Environment Month, celebrated nationally every June.

Aligning with Global Standards: MARPOL Annexes IV and VI

The new legislation brings South Africa in line with the International Convention for the Prevention of Pollution from Ships (MARPOL), an international treaty governed by the International Maritime Organization (IMO). Specifically, the bill incorporates:

• Annex IV: which regulates the treatment and safe disposal of sewage from ships.

• Annex VI: which targets air pollution and the energy efficiency of ships, addressing emissions of greenhouse gases and other pollutants.

According to Janine Osborne, CEO of the Sustainable Seas Trust (SST), “By including these annexes, the amendment strengthens environmental protection and supports the sustainability of South Africa’s marine economy, which is vital for biodiversity and job creation.”

A Strategic Move for Environmental and Economic Security

With a coastline stretching over 3,000 kilometers across three oceans—the South Atlantic, Indian, and Southern Oceans—South Africa’s marine territory is both vast and economically vital. In 2022, the marine economy supported approximately 400,000 jobs across sectors like shipping, tourism, and fisheries.

However, marine pollution has long posed a threat. Ships pollute oceans through oil spills, untreated sewage, garbage, and greenhouse gas emissions. According to estimates, between 15,000 to 40,000 tonnes of plastic waste enters South African waters annually. Although this is a decline from previous estimates, data gaps remain a concern, highlighting the need for more robust monitoring systems.

Tougher Penalties to Deter Offenders

The amended Act empowers the Minister of Transport to make regulations around air and sewage pollution from ships. It also introduces heavier penalties:

• Fines raised from R500,000 to R10 million.

• Prison terms increased from 5 to 10 years for serious violations.

Osborne welcomed the stronger punitive measures, calling them a “serious deterrent” to marine pollution. However, she warned, “Without consistent enforcement and judicial follow-through, even the strongest penalties may fall short.”

Beyond Legislation: The Role of Education and Collaboration

The Sustainable Seas Trust has long championed community education and public awareness as critical to marine conservation. Initiatives like the Munch Programme, which integrates environmental education into schools, and the African Waste Academy, offering free waste management courses, are part of SST’s grassroots efforts.

“Stricter penalties cannot undo environmental damage already caused,” Osborne noted. “Education and responsible behavior, from households to industry, are essential for meaningful change.”

Operation Phakisa and the Oceans Economy

The legislation is a key pillar of Operation Phakisa, a national initiative to unlock the potential of South Africa’s oceans economy. The government aims to grow the sector’s GDP contribution to R177 billion and create up to 1 million jobs by 2033.

Challenges remain, including a lack of registered merchant ships, port inefficiencies, underinvestment, and skill shortages. But Osborne remains hopeful: “This Act can contribute significantly to transforming our underutilized marine sector into a robust, sustainable economic engine.”

Environmental Leadership and Climate Adaptation

Earlier this month, the Department of Forestry, Fisheries and the Environment (DFFE) launched the Climate Change Coastal Adaptation Response Plan, reinforcing marine climate resilience. This complements other environmental legislation such as the Climate Change Act, which aims for a just transition to a low-carbon economy.

Deputy President Paul Mashatile also launched the National Clean Cities and Towns Campaign in Soweto, linking environmental awareness with service delivery and job creation. “People must clean where they live,” he said, highlighting the campaign’s community-driven ethos.

A Blueprint for Sustainability

While Osborne applauds South Africa’s legislative momentum, she emphasizes that success hinges on implementation, enforcement, and collaboration. “Every stakeholder has a role in the waste management value chain. Only through shared responsibility can we secure our marine heritage for future generations,” she said.

The Marine Pollution Amendment Act, aligned with international norms and backed by Operation Phakisa, positions South Africa to become a leader in marine conservation and sustainable ocean economy development—a necessity in an era of escalating climate risks and environmental degradation.