Resolved complaints

Showing items 41 to 60 of 520
Complaint number NTB Type
Category 1. Government participation in trade & restrictive practices tolerated by governments
Category 2. Customs and administrative entry procedures
Category 5. Specific limitations
Category 6. Charges on imports
Category 7. Other procedural problems
Category 8. Transport, Clearing and Forwarding
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Date of incident Location
COMESA
EAC
SADC
Reporting country or region
COMESA
EAC
SADC
Status Actions
NTB-000-634 8.7. Costly Road user charges /fees 2013-11-12 EAC Egypt Resolved
2016-02-08
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Complaint: Egypt's National Monitoring Committee received a complaint from Chemicals and Fertilizers Exporting Company that the cost of shipment between Egypt and the eastern countries in Africa is very high. In addition east African countries prefer that the shipment companies ship fruits rather than chemicals. And hence a suggestion was made to hold a meeting between transport syndicates especially of the landlocked countries in COMESA and the business community in an attempt to reach a solution.

please consider the above mentioned suggestion.
 
Resolution status note: On 8th February 2016, Egypt Focal point reported that the NTB be considered closed on the basis that Egypt's National Monitoring Committee did not receive any details from the Exporting Company.  
NTB-000-633 8.8. Issues related to transit
Policy/Regulatory
2014-05-28 Mozambique: Dondo South Africa Resolved
2016-09-13
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Complaint: This complaint is registered by FESARTA.
The traffic authorities at Dondo, near Beira, are harassing foreign drivers over the documents that the drivers carry.
Of particular note is the vehicle registration document for South African vehicles.
The registration document (RC1) shows the vehicle register number, but not the licence plate number. The authorities want the licence plate number to be shown on the document, and are issuing fines for it not being shown.
The South African licence receipt document (LCO) shows both the register number and the licence plate number. This links the vehicle to the registration document. But the traffic authorities do not accept this.
Another driver, this time from Zimbabwe, received a fine because of alterations to the vehicle registration book. The alterations had been done by the Zimbabwe authorities and stamped by them. But this was not acceptable to the Mozambique authorities and a fine was issued.
It has become clear that the authorities at Dondo generally harass foreign drivers.
This does not encourage good relations between countries and does not facilitate intraregional trade.
The Dondo traffic authorities must be trained in trade facilitation matters and not harass drivers unnecessarily.
 
Resolution status note: On 13th September 2016, FESARTA advised that the transporters were no longer facing any harrasment so the NTB is resolved.  
NTB-000-632 8.8. Issues related to transit 2014-05-23 South Africa: Lebombo Resolved
2016-09-13
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Complaint: This complaint is registered by FESARTA.
Copper Moon Trading, the company that is running the Lebombo dry port at Komatipoort, near the Lebombo/Ressano Garcia border post, is forcing transporters to use and pay for its parking facilities in Komatipoort.
This instruction is supported by the Komatipoort municipality.
Attached are invoices for this parking and a "ticket" for a truck not parking in the identified facility.
As with the situation at the Tunduma/Nakonde border post between Tanzania and Zambia, private companies, supported by the municipalities, cannot force transporters to use their parking facilities.
Transporters' vehicles are required to visit the SARS customs clearing offices at the Lebombo dry port and so parking should be provided for them, free of charge, by SARS.
If parking is not provided, then trucks must be allowed to park along the roadway.
 
Resolution status note: On 13th September 2016, FESARTA advised that the transporters were no longer facing this barrier so the NTB is resolved.  
NTB-000-631 1.1. Export subsidies 2014-04-22 South Africa: Ficksburg Bridge Lesotho Resolved
2015-03-24
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Complaint: I apparently needed a certificate from the State Vet to carry wool tops over the border! This proved impossible to get in Ficksburg. I have also experienced many problems bringing craft goods over to South Africa from lesotho as we need to pay VAT on all goods coming to exhibitions. This is extremely time consuming process and then I have to claim the VAT back when I bring unsold goods back over the border!  
Resolution status note: On 24 March 2015, Lesotho Focal Point reported that the NTB had been resolved and therefore must be removed from the pending cases.  
Products: 5105.29: Wool, combed (excl. that in fragments "open tops")  
NTB-000-628 6.3. Special supplementary duties 2014-03-01 Malawi: Malawi Revenue Authority Malawi Resolved
2014-09-23
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Complaint: Malawi is currently applying a discriminatory excise duty regime that discriminates against imported cigarettes and foreign manufacturers of cigarettes. The Malawian government formally introduced the two-tier discriminatory cigarette excise regime on 3 June 2011. Currently, for imported cigarettes, a specific excise tax of US$ 30 per 1000 cigarettes is levied, compared to the excise rate of US$ 15 per 1000 cigarettes with more than 70% local content. This practice infringes the national treatment principle which requires that cigarettes, once they have crossed the border and entered the domestic market of Malawi, be taxed no less favourably than locally produced cigarettes. In this regard, and under its regional commitments, Malawi should not be allowed to discriminate against foreign made cigarettes by applying higher and discriminatory excise duties.  
Resolution status note: On 13 November 2014, Focal Point Malawi reported that this NTB had been resolved (Customs and Excise (Tariffs) (Amendment) order 2014 ) and Malawi applies a uniform rate. Communication to COMESA Secretariat, currently coordinating the tripartite process, had since been sent and a report of the same was also submitted to the NTBs Focal Point meeting that was held in Nairobi, Kenya on 23 - 25 September, 2014.
uploaded for clarity.
 
Products: 2402.20: Cigarettes, containing tobacco  
NTB-000-626 8.6. Vehicle standards
Policy/Regulatory
2014-02-28 Botswana: Martins Drift South Africa Resolved
2014-11-24
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Complaint: Various incidents at both Martins Drift Border post and at Kazungula - Officials imposing Botswana height restrictions of 4.1 - on SA registered vehicles - agreement at 4.3? please advise  
Resolution status note: Thanks Kelly. Please upload a copy.
Regards
 
NTB-000-624 8.6. Vehicle standards 2014-02-18 Zimbabwe: Victoria Falls Zambia Resolved
2014-03-19
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Complaint: This complaint is registered by FESARTA.
A Zambian transport company has 6 vehicles carrying copper into Zimbabwe, detained at the Vic Falls weighbridge, because “the exhaust is pointing down to the ground “ and it must be “up in the air “ according to an official on duty.
The vehicles are manufactured by Mercedes Benz and, for these vehicles; the exhaust is designed to point to the ground.
This exhaust position is perfectly within the law in Zambia where the vehicles are registered. Zimbabwe should respect and accept the Zambian standards.
This action taken by the Zimbabwean official is unacceptable and the Focal point is requested to explain if this is a violation of Zimbabwean law. It is suggested that urgent action be taken to allow the truck to continue with its journey and also to facilitate movement of goods.
 
Resolution status note: On 19 March 2014, Zimbabwe reported that the trucks were released on the same day and the owner was advised to contact the manufacturer (Mercedes Benz) to adjust the exhaust as required by Zimbabwean Law. The requirement is in terms of the Construction, Equipment and Use Regulations promulgated under the Road Traffic Act [Chapter13:11] uploaded onto the system.

However, the Ministry of Transport indicated that they shall not enforce this requirement on foreign registered trucks as long as this is not in their domestic legislation. Zimbabwe is expected to issue a formal notification to this effect to enable enforcement of the said exemption on foreign trucks.
 
NTB-000-621 1.14. Lack of coordination between government institutions 2014-01-26 Tanzania: Nzega Town Rwanda Resolved
2014-12-11
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Complaint: High way attack that occurred in TANZANIA near NZEGA Town along the Central Corridor  
Resolution status note: At the 16th EAC regional forum on non tariff barriers held in Kigali in December 2014, Tanzania reported that security had improved. Tanzania was providing police escorts. This NTB is therefore resolved.  
NTB-000-619 8.1. Government Policy and regulations 2014-01-10 Mozambique: Tete Corridor South Africa Resolved
2014-07-02
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Complaint: This complaint is registered by FESARTA.
South African-registered trucks are required to be escorted by the Mozambique authorities, from the Cuchamano border post, along the Tete Corridor, to their destinations. They are charged US$100 to the Zobue border post and US$150 to the Calomue border post.
Transporters have confirmed that they would prefer not to be escorted, as it delays their trips.
If the Mozambique authorities insist on escorting the vehicles, then the cost should be covered by Mozambique. Transporters should not have to pay for something that they do not want and it should be included in the Mozambique authorities' budget.
 
Resolution status note: On 03 July 2014 FESARTA reported that they had received communication from the Mozambique authorities that escorts are only required under exceptional cases, and no charges can be made. This NTB is therefore resolved.  
NTB-000-618 7.1. Arbitrariness 2013-12-06 Zambia: Nakonde Resolved
2016-03-31
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Complaint: This complaint is registered by FESARTA.
Resolved NTB 514 refers, whereby ZAMESCO had been forcing transporters to park in its parking area at Nakonde border post, and pay a daily fee.
In April 2013, Zambia reported that this practice was no longer occurring and the NTB was considered resolved.
However, transporters report that ZAMESCO continues to force transporters to park in its area and pay an increased US$35 per day.
This is unacceptable. If trucks have to park at the border to await clearance, there should be free parking available. If they wish to use ZAMESCO's facility, it should be their choice.
 
Resolution status note: On 31st March 2016, Zambia Focal Point reported that there was variety of parking at Nakonde Border which transporters can use. The situation where transporters were being coerced to park at ZAMESCO had been addressed. Therefore, given the availability of variety of packing spaces, Zambia advise that the transporters should explore and opt for best options available. Given this development, this complaint was considered resolved.  
NTB-000-616 6.5. Variable levies 2013-12-01 Zambia: Nakonde District Council Tanzania Resolved
2016-08-25
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Complaint: Nakonde District Council of Zambia has introduced new Council Levy for external trucks entering Zambia in addition to other existing charges and levies.  
Resolution status note: On 25 August 2016, Zambia Focal point reiterated the fact that all Levies collected by the Council are guided by Section 69 and 70 of the Local Government Act CAP 281 of the Laws of Zambia which specifies the Levies to be collected. Under this Act (CAP 281), no Council is mandated to collect motor vehicle fees. This is therefore a policy measure notified to stakeholders . The NTB is considered resolved because stakeholders have been made aware of the regulations . The same will also be contained in the NTMs database.  
NTB-000-614 7.1. Arbitrariness 2013-12-02 Mozambique: Inhamizua Road block in Beira Malawi Resolved
2013-12-26
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Complaint: A Malawian truck (registration number given) is being detained at Inhamizua road block in Beira Mozambique for no proper reason since 12 hours ago. The time of this complaint is 20 32hrs. Traffic Police officer claims Fire Extinguisher is empty which is not the case because it is new and in perfect working condition. Her fellow officers agrees that the Fire Extinguisher is perfect but the lady traffic police officer is refusing to give back the driver cargo documentation until we pay a fine of MTC 5,000. The reason for us paying the fine being that she has already written a fine receipt. Our understanding is we are supposed to pay a fine when we are on the wrong side of the law not when the Police officer is not well conversant with things I.e. Fire extinguishers. Please assist. (Driver’s name and contact details provided)  
Resolution status note: On 26 December 2013, Mozambique Focal Point reported that the problem of Beira has been resolved, and that the lord in question has left the detention area at the road block.  
NTB-000-612 1.14. Lack of coordination between government institutions
Policy/Regulatory
2013-11-05 Tanzania: at the border of Burundi/Tanzania Burundi Resolved
2013-12-20
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Complaint: Truck belonging to BRARUDI (the leading Brewery in the Republic of Burundi) has been held at the border of Burundi/Tanzania for a period of 15 days (Tanzania side )because Tanzania Revenue Authority at the border estimate that the products must pay customs duties before enter Tanzania, despite the consignment being accompanied by a certificate of origin issued by Burundi Revenue Authority. And Tanzania Food and Drugs Authority requires the company TO register the products before exporting.  
Resolution status note: On 23 December 2013, Burundi Focal Point reported that BRARUDI Products made in Burundi were allowed to enter in Tanzania following resolution of this NTB during the 13th NMC regional forum held in Burundi 17-20 December 2013.  
NTB-000-611 2.8. Lengthy and costly customs clearance procedures 2013-11-15 Mozambique: Beira Port Malawi Resolved
2014-09-05
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Complaint: We are the drivers of a Malawi transport company (name supplied) coming to carry clinker from Beira to Malawi. Were here at Beira port, on 15 November 2013 and we have got a problem of document processing since morning up to this period (1600hrs). Mozambique customs officials on duty (name supplied) are receiving unrecorded money from others therefore not attending to those who have not paid him. We re quest that the Mozambique authorities facilitate that our documents are processed without us having to pay un- recorded fees.  
Resolution status note: On 5 September 2014, Mozambique focal point reported that Mozambique had increased surveillance activities therefore these kind of situations were under control . Mozambique had not received any similar complaints after surveillance started. This NTB is therefore resolved.  
NTB-000-609 7.1. Arbitrariness
Policy/Regulatory
2013-11-05 Botswana: About 100 km North of Gaborone on the Gaborone- Francistown road South Africa Resolved
2014-11-24
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Complaint: This complaint is registered by FESARTA.
A transporter's truck was pulled over at the weigh bridge, about 100 km North of Gaborone, on the Francistown road, at about 3:00pm on the 3rd November 2013.
The weighbridge officials on duty at that time demanded a spot fine – payable immediately alleging that it did not meet the applicable dimensions. The reason for the fine was that the truck was over length – which it was not. The allowance is 22m and .30m for the bull-bar and spotlights. The total length of the vehicle was 22.26 m; 4cm under the allowed length. This truck passed the length inspection on this exact same spot in Botswana the week before.

The official, who did not want to give his name, said that he did not care what happened last time. The truck was over length and would not move until he was satisfied.
The official did not want to speak to the transporter's management and said it was between the official and the driver. They did not want to let the truck go before the unrecorded payment was made. They indicated they would keep it till Monday, when the driver would have the opportunity to pay the fine.

This is not the first time that Botswana officials have issued unrecorded fines for either over height, over length or over width vehicles.

Transport operators request the Botswana central government authorities to clamp down on officials that are unjustifiably harassing drivers and not facilitating the flow of goods along the corridors.
 
Resolution status note: Botswana focal point reported that the legal length of any vehicle combination as per the Botswana Road Traffic Act is 22m, which conforms to the requirements of the SADC Protocol on Transport and Metereology. There was no allowance in the Botswana regulations for inclusion of any other fitted devices to the vehicle since they are considered as part of the 22m. However the Botswana Ministry of Transport and Communication is in consultation with the relevant agencies on the matter of those vehicles which are more than 22m long. Botswana was in the process of reviewing the regulations .

On 24 November 2014, FESARTA reported that, following high-level discussions between SA and Botswana on dimensions, Botswana had agreed that there won’t be prosecutions whilst the regulations were being updated.
Botswana was given till March 2015 to complete this.

FESARTA advised that this NTB be considered resolved on the above basis.

Please remove the NTB.
 
NTB-000-609 7.1. Arbitrariness
Policy/Regulatory
2013-11-05 Botswana: About 100 km North of Gaborone on the Gaborone- Francistown road South Africa Resolved
2014-11-24
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Complaint: This complaint is registered by FESARTA.
A transporter's truck was pulled over at the weigh bridge, about 100 km North of Gaborone, on the Francistown road, at about 3:00pm on the 3rd November 2013.
The weighbridge officials on duty at that time demanded a spot fine – payable immediately alleging that it did not meet the applicable dimensions. The reason for the fine was that the truck was over length – which it was not. The allowance is 22m and .30m for the bull-bar and spotlights. The total length of the vehicle was 22.26 m; 4cm under the allowed length. This truck passed the length inspection on this exact same spot in Botswana the week before.

The official, who did not want to give his name, said that he did not care what happened last time. The truck was over length and would not move until he was satisfied.
The official did not want to speak to the transporter's management and said it was between the official and the driver. They did not want to let the truck go before the unrecorded payment was made. They indicated they would keep it till Monday, when the driver would have the opportunity to pay the fine.

This is not the first time that Botswana officials have issued unrecorded fines for either over height, over length or over width vehicles.

Transport operators request the Botswana central government authorities to clamp down on officials that are unjustifiably harassing drivers and not facilitating the flow of goods along the corridors.
 
Resolution status note: Botswana focal point reported that the legal length of any vehicle combination as per the Botswana Road Traffic Act is 22m, which conforms to the requirements of the SADC Protocol on Transport and Metereology. There was no allowance in the Botswana regulations for inclusion of any other fitted devices to the vehicle since they are considered as part of the 22m. However the Botswana Ministry of Transport and Communication is in consultation with the relevant agencies on the matter of those vehicles which are more than 22m long. Botswana was in the process of reviewing the regulations.
On 24 November 2014, FESARTA reported that, following high-level discussions between SA and Botswana on dimensions, Botswana had agreed that there won’t be prosecutions whilst the regulations were being updated. Botswana was given till March 2015 to complete the exercise.
FESARTA advised that this NTB be considered resolved on the above basis.
 
NTB-000-609 7.1. Arbitrariness
Policy/Regulatory
2013-11-05 Botswana: About 100 km North of Gaborone on the Gaborone- Francistown road South Africa Resolved
2014-11-24
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Complaint: This complaint is registered by FESARTA.
A transporter's truck was pulled over at the weigh bridge, about 100 km North of Gaborone, on the Francistown road, at about 3:00pm on the 3rd November 2013.
The weighbridge officials on duty at that time demanded a spot fine – payable immediately alleging that it did not meet the applicable dimensions. The reason for the fine was that the truck was over length – which it was not. The allowance is 22m and .30m for the bull-bar and spotlights. The total length of the vehicle was 22.26 m; 4cm under the allowed length. This truck passed the length inspection on this exact same spot in Botswana the week before.

The official, who did not want to give his name, said that he did not care what happened last time. The truck was over length and would not move until he was satisfied.
The official did not want to speak to the transporter's management and said it was between the official and the driver. They did not want to let the truck go before the unrecorded payment was made. They indicated they would keep it till Monday, when the driver would have the opportunity to pay the fine.

This is not the first time that Botswana officials have issued unrecorded fines for either over height, over length or over width vehicles.

Transport operators request the Botswana central government authorities to clamp down on officials that are unjustifiably harassing drivers and not facilitating the flow of goods along the corridors.
 
Resolution status note: Botswana focal point reported that the legal length of any vehicle combination as per the Botswana Road Traffic Act is 22m, which conforms to the requirements of the SADC Protocol on Transport and Metereology. There was no allowance in the Botswana regulations for inclusion of any other fitted devices to the vehicle since they are considered as part of the 22m. However the Botswana Ministry of Transport and Communication is in consultation with the relevant agencies on the matter of those vehicles which are more than 22m long. Botswana was in the process of reviewing the regulations.
On 24 November 2014, FESARTA reported that, following high-level discussions between SA and Botswana on vehicle dimensions, Botswana agreed that there won’t be prosecutions whilst the regulations were being updated. Botswana was given till March 2015 to complete the exercise.
FESARTA advised that this NTB be considered resolved on the basis of this development.
 
NTB-000-608 8.7. Costly Road user charges /fees
Policy/Regulatory
2013-10-04 Zambia: Ministry of Transport, Works, Supply and Communications Resolved
2016-03-31
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Complaint: This complaint is registered by FESARTA.
Zambia is to introduce toll fees for all road users, on 1st November 2013.
The structure of the fees is detailed in the attachments.
The introduction is considered an unfair practice, since the tolls apply to foreign vehicles, and these vehicles pay road user charges on entry into the country.
The road user charges that the foreign vehicles pay (between USD10 per 100 kms and USD16 per 100 kms), are set to cover the road usage cost by the vehicles as they travel the country's roads.
The level of road user charges was recommended by COMESA, of which Zambia is a member.
Updated road user charges are being developed by the COMESA/EAC/SADC Tripartite and, when finalized, will be disseminated to member countries for their implementation.
Thus there is no justification for Zambia to introduce toll fees for foreign vehicles, as it is a duplication of the road user charges paid by them on entry into the country.
The added fees mean that foreign vehicles will be paying more than their fair share for road usage, and merely add to the cost of goods consumed in landlocked countries.
 
Resolution status note: On 31st March 2016, Zambia Focal Point reported that Toll fees are charged once at the port of entry for road usage from one point to the other and back. Transporters are only charged extra if they divert from their original route. The toll fees are discriminatory.  
NTB-000-606 8.8. Issues related to transit 2013-10-08 Mozambique: Beira Port Zambia Resolved
2015-06-19
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Complaint: This complaint is registered by FESARTA.
There is a serious security problem with trucks entering the Munhava area of Beira port.
The Munhava access route is the only entrance used by trucks entering the port to load and offload.
This is an extremely high crime area with drivers being harassed by third parties while entering and departing the port. The road is in a poor condition and is congested so vehicles have to slow right down. The criminal elements gather in this area and stop the vehicles by engaging the rear axle park brake on the fuel tankers or jumping onto the vehicle itself. They then demand money from the drivers (approx. USD 5 to 10). Should the driver fail to pay over the cash, he is then pulled from the vehicle and beaten. The driver is then thrown under the truck while a member of the group enters the truck and steals the personal effects, radios, money, tools etc from the vehicle.
If the drivers overnight within the Port, they are harassed by parties again. If the driver leaves the vehicle to submit documents, they enter the vehicle using duplicate keys. As you know, keys for trucks are not unique.
If you are travelling along this road with fertilizers or as in the case of the attached photo, wheat, then you need an armed guard.
The photo was taken at the Junction of the Main Beira Road and Munhava Road. As the vehicle turned the corner and drove out of Munhava, the guard cleared the weapon and sat down, an indication that he was out of the ‘danger’ area.
It is noted that the target of these attacks are predominately launched at foreign transporters.
ASTROS, the National Road Transport Association (NRTA) in Beira, has held meetings with the chief of Sofala province police, chief of nearest police station, CFM management in Sofala, Cornelder Management, Transport department of Sofala, and ultimately the Sofala Governor. The Governor has even opened a free telephone link to ASTROS. None of these initiatives have solved this problem.
CFM and the police know who the criminals are, where they stay and how they act, but simply do nothing.
This is a most serious situation and requires the urgent attention of the Regional Economic Communities (SADC, COMESA).
 
Resolution status note: On 19 June 2015, Mozambique Focal Point reported that the competent Provincial authorities in Sofala reported that security in the area had been reinforced to ensure safety of truckers. Further Mozambique Focal Point advised that, in future, FESARTA should provide names and force numbers for the police officer/s asking for bribes to assist in further investigations. Mozambique therefore has resolved the complaint  
NTB-000-605 8.8. Issues related to transit 2013-10-03 Democratic Republic of the Congo: Kasumbalesa Resolved
2016-08-24
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Complaint: This complaint is registered by FESARTA.
The unstable situation at the Kasumbalesa border post between Zambia and the DRC, is causing serious delays on the North-South corridor.
Over the past 6 months, lawlessness on the DRC side of the border, is leading to drivers foreign to DRC being harassed and, on some occasions, being attacked. Police have been unnecessarily harassing drivers for speeding, unroadworthy vehicles and incorrect documentation. The lack of security has resulted in two drivers being shot and wounded; the latest being Patrick Murifi, 31, a Zimbabwean truck driver.
This has caused drivers preparing to enter DRC from the South, to become agitated and, on two occasions, go on strike and effectively close the border to heavy vehicle traffic.
Copperbelt Police chief Joyce Kasosa has confirmed in an interview recently, that calm has been restored but trucks are still not crossing into and from DRC because the drivers want to be addressed and assured of their security while in that country.
It is clear that the situation is volatile and likely to erupt into violence at any time, for the slightest reason.
This situation is not conducive to intra-regional trade and unacceptable to the road transport industry.
A deputation from DRC yesterday to the drivers on the Zambian side, has convinced the drivers to start moving again.
However, the drivers have warned that if there should be further occurrences of the problem, they will blockade the border for 3 weeks.
SADC and COMESA are requested to intervene and call on the government of the Katanga province to take control of the situation and provide a stable environment conducive to intra-regional trade.
 
Resolution status note: During the 5th Meeting of the COMESA NTBs Focal Points held in Nairobi from 23-25 August 2016, DRC reported that the matter had been resolved following consultations with COMESA Secretariat and other interested parties .  
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