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tralac trade law centre Durban port leads way for African trade

Transporting goods by sea remains the most common way to trade globally, but in Africa cargo spends an abnormally long time in ports before it is moved inland, presenting a serious obstacle to the successful integration of sub-Saharan economies in worldwide trade networks. The port of Durban, however, has managed to buck the trend.

A World Bank study, titled Why does cargo spend weeks in sub-Saharan African ports? Lessons from six countries1, found the average cargo waiting time to be 20 days and that more than half of the time needed to transport cargo from ports to hinterland cities in landlocked countries in sub-Saharan Africa is wasted because of the time it spent in ports.

The average cargo dwell time in Durban is four days, which is on a par with ports in East Asia and Europe.

The African Development Bank s definition of dwell time is the time cargo remains in a terminal s in-transit storage areas while awaiting shipment for export or onward transportation by road or rail for import.

Dwell time is one indicator of a port s efficiency: the higher the dwell time, the lower the efficiency. And longer dwell times have an adverse effect on economic growth.

Long transport times reduce trade

A 2012 working paper produced by the National Bureau of Economic Research, titled Time as a trade barrier2, concluded that longer transport times dramatically reduce trade and estimates that each day in transit is worth 0.6% to 2% of the value of the goods.

Long transit delays also significantly lower the probability that a country will successfully export its goods.

Africa s estimated infrastructure deficit of $48-billion a year is often singled out as the culprit for hampering trade in and around the continent, but reasons for bottlenecks are far more complex and a lot more challenging to resolve.

Shantayanan Devarajan, the World Bank s chief economist for the Africa region, says that long dwell times are in the interest of certain players in the system and that dealing with the proximate cause of the problem, such as the apparent lack of berths in African ports, is unlikely to trigger a solution.

Specifically, importers use the ports to store their goods; in Douala Cameroon, for instance, storage in the port is the cheapest option for up to 22 days, Devarajan wrote in the foreword of the World Bank study.

Customs brokers, meanwhile, have little incentive to move the goods because they can pass on the costs of delay to the importers. Worse still, when the domestic market is a monopoly, the downstream producer has an incentive to keep the cargo dwell times long as a way of deterring entry of other producers.

Discretionary behaviours

The evidence in the study shows that discretionary behaviours increase system inefficiencies and raise total logistics costs.

In most ports in sub-Saharan Africa, the interests of controlling agencies, port authorities, private terminal operators, logistics operators (freight forwarders) and large shippers collude at the expense of consumers, the report said.

Surveys demonstrate that low logistics skills and cash constraints explain why most importers have no incentive to reduce cargo dwell time as, in most cases, doing so would increase their input costs.

Moreover, some terminal operators generate large revenues from storage, and customs brokers do not necessarily fight to reduce dwell time because time inefficiency is charged to the importer and eventually to the consumer.

Durban port is considered a good benchmark for sub-Saharan ports. Its average four-day waiting period for import and export cargo is much closer to best practice in East Asia and Europe, which is a three- or four-day waiting period.

South Africa s commercial ports have been placed firmly in the hands of the state through Transnet. With the exception of these ports and Mombasa in Kenya, all other ports surveyed in the study are run by private container terminal operators.

Lessons from the Durban port

The demand at South African ports surpasses all countries in East and Southern Africa and has a critical role to play in the international trade landscape for the region, according to a 2011 World Bank working paper.

It said Durban port could teach sub-Saharan African ports a few lessons namely that the onus was on public sector players such as customs and the ports authorities to put pressure on the private sector of port users to comply and reduce cargo dwell times.

Prohibitive charges for storage, coupled with strict enforcement and the possibility to preclear with customs with advantages attached to it and service level agreements binding both parties are critical tools for the reduction of cargo dwell time, the paper said.

In the late 1990s, Durban port was notoriously inefficient with high levels of congestion, characterised by long berthing delays for container vessels, long train turnaround times in the port and long queues for road trucks, which resulted in dwell times of six to seven days on average.

But in 1998, the paper said, shipping lines lost their patience and introduced a vessel delay surcharge.

This was a wake-up call for Transnet Port Terminals and the National Port Authority. A committee was created involving the port stakeholders with a defined strategy and several measures, which seem to have had the most important impacts.

Storage charges

Major stakeholders acknowledge that the introduction of the punitive storage charge after day three is probably the most important single factor affecting dwell time at Durban port, the working paper said.

This means that, after 72 hours, containers incur heavy storage charges. The result is that storage charges in Durban are almost six times as high as other ports in the country.

But investment in infrastructure has certainly also helped the process. At the time when Durban adopted its port liberalisation policy, South Africa s trade infrastructure was ageing and had been neglected for many years, and most of the country s ports were not performing well.

From 2002, Transnet invested more than $700-million in ports over a five-year period, focusing on creating capacity and equipment. An average dwell time for cargo of four days at Durban port has been achieved and maintained since 2006.

More investment is also on the way. Just last month, Minister of Public Enterprises Malusi Gigaba unveiled Transnet s seven new state-of-the-art ship-to-shore cranes at the Durban Container Terminal as the company surges ahead in its drive to boost productivity and efficiency in arguably the southern hemisphere s biggest and busiest port.

The cranes are part of Transnet s rolling R300-billion seven-year investment programme the market demand strategy , the state-owned enterprise said.

Over the next 20 years, Transnet Port Terminals, which currently operates 45 cranes in seven ports across the country, will buy 39 new ship-to-shore cranes.

Improvements

While Durban may remain top dog when it comes to the continent s ports, improvements elsewhere will undoubtedly have positive spin-offs for South Africa.

Ga l Raballand, World Bank senior economist and co-author of the cargo dwell-time study, told the Mail & Guardian that reducing dwell time could possibly increase competition in Sub-Saharan Africa.

But, he added, what matters in transport are economies of scale and, therefore, there is somehow a first- mover advantage the biggest economy is likely to attract more flows, which are going to lead to reduced transport costs, which will reinforce its position. South Africa is the gateway because it is also the largest economy.

Source: http://mg.co.za/article/2013-06-14-00-durban-port-leads-way-for-african-trade3

References

  1. ^ Why does cargo spend weeks in sub-Saharan African ports? Lessons from six countries (econ.worldbank.org)
  2. ^ Time as a trade barrier (www.nber.org)
  3. ^ http://mg.co.za/article/2013-06-14-00-durban-port-leads-way-for-african-trade (mg.co.za)

Hauliers look to broaden their business as road freight faces …

Despite the tough overall conditions that continue to plague north European economies, road freight volumes appear to be holding up.

The recent monthly Danske Bank freight forwarding index recorded a May level of 63, substantially up from April s level of 50 (a number that represents a stable level of volumes). However, road freight operators also remained relatively pessimistic about the forthcoming months, according to report author Erik Bergoo.

Expectations for road came in at 47 for July (57 in June) and indicate decreasing volume development over the next two months, he said.

The uncertainty over future business levels was reflected in the preliminary results of one of the UK s largest haulage companies, Wincanton, which were released today. Over the past year the company has refocused its business, withdrawing from its European operations and exiting the food distribution business and instead concentrating on the remaining UK and Ireland operations.

It recorded a 10% decline in revenues, which dropped from 1.2bn the year before to 1.08bn, partly as result of the withdrawal from Europe and food, but also partly as a result of two particular customers deciding to in-source supply chain operations.

Nonetheless, pre-tax profit was up, from 28.8m in 2012 to 32.1m this year, with underlying margins up from 3.6% to 4.3%, which were principally the result of cost savings, while it bolstered its revenues through a series of contract wins, and sought to offer existing clients a broader range of services.

We have made progress with offering broader supply chain solutions in the year, in particular with the extensive technological developments inherent in the convenience store distribution centre solutions. By increasing the value added in our solutions we have both increased the return from such projects and also the depth of our relationships with our customers, said chief executive Eric Born.

Its major difficulty is that in concentrating on the UK and Ireland it has hardly placed itself in a market that has significant growth potential. That said, after a challenging few years in which it has recorded losses and seen its markets hit by recession, it remains firmly in recovery mode.

Wincanton is making steady progress in its recovery programme and, whilst average debt levels (c 201m) remain too high in our view, the group is now generating a positive cash inflow and debt levels are falling. Underlying trading looks reasonably encouraging in a tough industry and group operating profit margins rose from 3.6% to 4.3% in the year, analysts at Investec wrote in a note following the publication of the results.

Mr Born added that he did not expect to see any general economic recovery in its markets over the next 12 months. We do not expect the economic environment in the UK and Ireland to offer any relief and as such we will focus on winning market share and capture customer opportunities through the development of supply chain solutions and the cross-selling of products and services.

In addition to growing the business and broadening our offering, we will continue to drive out further costs by improving the efficiency of our operating model across our three main asset pools of people, property and fleet.

A Dow Jones analyst told The Loadstar: Unemployment is slow because most people have kept their jobs, which is unusual for an economic downturn in this country, but on average they re actually earning what they were earning perhaps 10 years ago. Stobart offers a template for an alternative strategy, diversification into other business areas, but with the exception of its biomass operations, that doesn t seem to have paid off yet.

In terms of logistics, however, both companies are broadly transforming themselves from hauliers into integrated logistics service providers.

Wincanton splits its business into two sectors: contract logistics services, which covers its logistics customers in the construction, FMCG, retail grocery, retail general merchandise, tankers and fuel sectors, amongst others. Overall revenue for the division was down 10% to 923m, and every sector showed declining revenues bar construction, which was buoyed by new bulk cement powder transport operations for Lafarge from its network of six national plants nationwide.

It also won a new contract with Rolls Royce for the storage of defence-related power units, while other start-ups included two new distribution centres for Morrisons and Sainsbury s convenience store expansion.

Its other sector is the smaller, specialist services division, which comprises container haulage, document storage and vehicle maintenance and repair services, and which reported an 8.5% decline in revenue, mainly dragged down by the weakness in the container transport market.

The container transport market continues to be weak in the UK with limited overall volume growth. Factors such as increasing shipping line charges for UK delivery diverted volumes to European ports and transport operators, the company said.

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National Left: Trucking Justice.

Imagine for some reason you need to go to court and also need Legal Aid and found that you couldn’t turn to a Solicitor who you knew and trusted but found that one was appointed for you.

Imagine your reaction if that Solicitor came from the same Company as Eddie Stobart trucking According to the Guardian1

Apparently what may be on this what when new rules on Legal Aid come into force

“The subsidiary of the haulage firm Eddie Stobart has emerged as a leading contender in bidding for a new generation of criminal legal aid contracts that would deprive defendants of the right to choose their own solicitor.Lawyers are planning protests outside parliament in opposition to the Ministry of Justice’s proposals, which aim to cut fees, reduce funding of judicial reviews and save a further 220m out of the legal aid budget.The row within the legal profession over the plans is intensifying. The head of Stobart Barristers has described traditional law firms who rely on legal aid as “‘wounded animals waiting to die Guardian 8th May 2013 Trevor Howarth, its legal director, said the firm would be bidding for the new criminal defence contracts. “We can deliver the service at a cost that’s palatable for the taxpayer,” he said. “Our business model was developed with this in mind.”We at Stobart are well known for taking out the waste and the waste here is the duplication of solicitors going to the courtroom. At the moment there are 1,600 legal aid firms; in future there will be 400. At Stobart, we wouldn’t use 10 trucks to deliver one product.” Howarth said he had received emails from solicitors with the heading “Truck Off”. He added : “I have already taken calls from barristers on our panels who say they have been contacted by solicitors telling them they won’t use them again if they take instructions from us.”On removing a defendant’s right to choose their solicitor, Howarth said: “I don’t think the lack of choice is damaging. People are not entitled to access justice with an open cheque. No one is stopping them paying for their own choice of solicitor.” Soliciters in Wales have warned that UK Government changes to legal aid will result in miscarriages of justice and the closure of high street

Members of the legal profession lobbied the Wales Office about the impact they claim cost-saving proposals from the Ministry of Justice will have on people throughout the nation.

Mark Davies of Swansea-based Goldstones Solicitors, said:

This is going to have a devastating impact on high street firms. The Wasting Mule tells is that.2

It is planned that 21 contracts will be awarded to provide legal aid criminal services in Wales nine in South Wales and four each in Dyfed-Powys, Gwent and North Wales.

Describing the challenges of serving Dyfed-Powys, he said:

It s 4,700 square miles. It s a huge area. To put that into context, if you get arrested in Newtown and the lawyer that has the contract is based in Haverfordwest, it s going to take over two and a half hours just to get that lawyer over there and back; it s a 130 mile round-trip. What we are going to have is effectively the death of the high street firm. Western Mail 21st May 2013 Lynda Roberts of Porthmadog-based Breese Gwyndaf Solicitors feared that today s standards of Welsh language provision would disappear if services are provided by a few large companies.

Ms Roberts is also alarmed that in most criminal cases clients will lose the ability to change their representation.

Describing the importance of ensuring that people in Welsh speaking areas could access advice in their first language, she said

: Client choice is paramount… The provision of advice is essential in the Welsh language in those areas. Speaking in the Commons, Conservative Justice Secretary Chris Grayling said: I have absolutely no intention of ending up with a legal aid market dominated by a small number of very large firms.”A central part of the tendering process will involve a quality threshold that ensures that we have the quality of advocacy and litigation support in this country that we need and expect. He added: We must ensure that every defendant, innocent or guilty, has access to a proper defence. We also need a system that is affordable at a time of great financial stringency. The Fear is that (though some will say the definite result) is that the changes will be on Legal aid will be defended by young inexperienced solicitor and there will be increased miscarriages of justice through inept defence or the firm with an eye on the costs will persuade defendants to plead guilty

How many MPs and Lords who support this measure have or (ever will) needed Legal Aid ?

This is truly frighting move that could see a further difference between those who can afford a decent defence and a difference between acquittal rates based on ability to pay.

References

  1. ^ Guardian (www.guardian.co.uk)
  2. ^ The Wasting Mule tells is that. (www.walesonline.co.uk)


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