Non-Tariff Barriers

Complaint

Complaint number

NTB-000-531  

NTB Type

8.1. Government Policy and regulations  

Complaint

This complaint is registered by FESARTA.
Chobe municipality is charging foreign transporters a fee to pass through its area of jurisdiction.
There is no justification for any municipality to charge transporters for travelling on the national roads through their areas.
The municipalities do not provide services to the transporters and the national roads are maintained by the national roads authorities.
This practice was started by Zambian municipalities and was halted by the Zambian government.
However, some Zambian municipalities continue to charge.
The practice also does not align with the RECs requirement that the transporters should pay road user charges and not other charges.  

Status note

The Focal Point advised that the Chobe Municipality no longer charges foreign transporters the fees.  

Progress update note

1. On 04 October 2012, Zambia focal point reported that Zambia, was working at resolving the issues surrounding these fees and recommended that this specific complaint should alos be purely handled by Botswana focal points.

2. On 20th July 2013, the SADC Secretariat provided the following response by Botswana:

1. This is a waste management levy and not a road usage levy;

2. The Council is the service provider for the collection of waste (both solid and liquid; hazardous and clinical) and liter picking at these entry and exit points and on the roads, our borders are overwhelming with trucks to our three neighbouring countries and this has presented a serious environmental threat and challenge that needs intervention. There has been an overwhelming increase in waste generation and shortage of movable toilets to cater for truck drivers who spend weeks waiting to cross the borders. The Council, therefore, has found it necessary to propose a levy to generate revenue from these users to contribute financially in order to address these challenges; and

3. The levy is meant to address waste collection and management, it is not discriminatory, the Government and Council recovers funds from citizens and residents through service levy, direct payment for waste collection and disposal of waste at landfills. Therefore the levy is an extension of this collection at the border to users. Complainant is referred to Government Gazette of 21 September 2012 for the tariffs for ease of reference.

4. Road user Levy:
This levy cannot be part of the road user levy as is only meant to address waste management at the entry and exit points. The Council is overwhelmed by the level of waste generated by the trucks waiting to cross the border, which can take up to a maximum of 2 weeks or more. The Council as the responsible authority incurs a high expenditure in the solid, liquid and clinical waste.

5. Jurisdiction in cross border issues:
The issue is not to regulate on the affairs of Immigration or Customs but to address waste management generated by those entering and exiting. It is also pointed out that there is no other authority currently addressing this very problem at hand. It would seem that only Chobe District given the volume of trucks and waste generated has taken appropriate measures. It would also seem as if no one has applied themselves as to the impact of having the volume of trucks waiting for days and weeks to cross the border has on waste management and ultimately who is responsible. Therefore when it comes to waste , as already pointed out waste management squarely falls in the jurisdiction of Council. Even the confiscated items by BURS at the border for one reason or the other find their destination at the Council Landfill at no expense to BURS.

6. Arbitrary or Unjust discrimination:
As already alluded to the levy is strictly a waste levy or fee meant to address the situation at or around the entry and exit points. As this is a waste levy, it is prudent to demonstrate that all residents of Chobe, citizens or none citizens of Botswana pay a waste levy to Council/ Government as follows;

a) Disposal fee at the council landfill charged per load b) monthly sanitation on fee (P 10.00) paid personally or deducted from salary

c) SHHA levy d) property rates

This collection or cost recovery measures do not account for the solid, liquid and clinical waste generated by motorists at the entry and exit points. Nevertheless Council provides service at a high cost to the users:

a) Litter picking: engages casual labour at a cost b) waste collection: fuel, vehicle, driver, waste collectors and landfill operation,

c) Liquid waste: provides movable toilets along the road to the border d) incinerating of clinical waste

e) Receiving and managing confiscated items by BURS

Kindly note that currently the Council has not yet started implementing the Levy as certain measures must be put in place before the realization of the levy.  

Policy or regulatory NTB

Yes 

Location

Botswana: Kazungula Ferry (Border post)  

Reporting Country or Region

Botswana  

Country specific trade issue

No  

Date of incident

2012-09-28  

Status

Resolved  

Date of resolution

2016-08-15  

Product Description

All products

Computer-assisted translation

• English
• Arabic
• French
• Portuguese

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Total value

0  

Date reported

2012-10-03 21:04  

Modified

2016-08-15 10:46