Non-Tariff Barriers

Complaint

Complaint number

NTB-000-600  

NTB Type

8.1. Government Policy and regulations  

Complaint

This complaint is registered by FESARTA.
The South African Cross-Border Road Transport Agency (CBRTA) is fining transporters for transporting goods from Gauteng to Durban without a cross-border permit. The fine is R2000 (USD200) per truck.
The goods are being transported from Botswana and offloaded in a warehouse in Gauteng, South Africa.
The goods are then re-loaded on to different vehicles and transported to Durban.
The vehicles transporting the goods from Botswana, have cross-border permits.
There should be no reason for vehicles transporting goods from Gauteng to Durban to have cross-border permits, even though the goods come from Botswana. The transportation is wholly within South Africa and on South African vehicles.
See NTB 535/6 for a similar complaint.  

Status note

On 13th September 2016, FESARTA advised that the transporters were no longer facing this barrier so the NTB is resolved. The explanation from CBRTA was acceptable to FESRATA  

Progress update note

1. On 9th September 2013, South Africa Focal point reported feedback from SACBTA advising that , the Cross-Border Road Transport (C-BRTA) Amendment Act, 2008 defines cross-border road transport as “the transport of passengers and their personal effects or freight for reward or [the transport of freight] in the course of an industry, trade or business, to or from the Republic, crossing or intending to cross its borders into the territory of another state or in transit across the Republic or the territory of another state with a vehicle on a public road;’’

The Act requires that: If a vehicle leaves from a point within the Republic of South Africa with a load and is stopped by a Road Transport Inspectorate official, and the invoice of the goods in the vehicle indicate that it is destined to be delivered in a neighbouring country, the operator is required to be in possession of a cross-border permit in terms of the definition of cross border road transport. The definition deals with freight intending to cross the border.
It should be noted that the proposal that a clause or public policy requirement should be put on moratorium or repealed cannot be accommodated. The act is very clear on the intention to move the goods out of the Republic territory as per the Invoices supplied by the Operators. As a control measure, the invoice of the good, stating the intended final destination, forms part of the Cross Border Permit.
Therefore, the C-BRTA inspectors had acted within the parameters of the C-BRTA Act of 2008.  

Policy or regulatory NTB

No 

Location

South Africa: Durban sea Port (Seaport)  

Reporting Country or Region

SADC  

Country specific trade issue

No  

Date of incident

2013-07-17  

Status

Resolved  

Date of resolution

2016-09-13  

Product Description

All products

Computer-assisted translation

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• French
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Total value

0  

Date reported

2013-07-19 13:27  

Modified

2016-09-13 13:40