| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-000-624 |
8.6. Vehicle standards |
2014-02-18 |
Zimbabwe: Victoria Falls |
Zambia |
Resolved
2014-03-19 |
View |
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Complaint:
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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. |
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Resolution status note:
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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. |
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NTB-000-621 |
1.14. Lack of coordination between government institutions |
2014-01-26 |
Tanzania: Nzega Town |
Rwanda |
Resolved
2014-12-11 |
View |
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Complaint:
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High way attack that occurred in TANZANIA near NZEGA Town along the Central Corridor |
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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. |
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NTB-000-619 |
8.1. Government Policy and regulations |
2014-01-10 |
Mozambique: Tete Corridor |
South Africa |
Resolved
2014-07-02 |
View |
|
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. |
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Resolution status note:
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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. |
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NTB-000-618 |
7.1. Arbitrariness |
2013-12-06 |
Zambia: Nakonde |
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Resolved
2016-03-31 |
View |
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Complaint:
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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. |
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Resolution status note:
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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. |
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NTB-000-616 |
6.5. Variable levies |
2013-12-01 |
Zambia: Nakonde District Council |
Tanzania |
Resolved
2016-08-25 |
View |
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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. |
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Resolution status note:
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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. |
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NTB-000-614 |
7.1. Arbitrariness |
2013-12-02 |
Mozambique: Inhamizua Road block in Beira |
Malawi |
Resolved
2013-12-26 |
View |
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Complaint:
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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) |
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Resolution status note:
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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. |
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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 |
View |
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Complaint:
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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. |
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Resolution status note:
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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. |
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NTB-000-611 |
2.8. Lengthy and costly customs clearance procedures |
2013-11-15 |
Mozambique: Beira Port |
Malawi |
Resolved
2014-09-05 |
View |
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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. |
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Resolution status note:
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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. |
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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 |
View |
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Complaint:
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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. |
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Resolution status note:
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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. |
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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 |
View |
|
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. |
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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. |
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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 |
View |
|
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. |
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Resolution status note:
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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. |
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NTB-000-608 |
8.7. Costly Road user charges /fees
Policy/Regulatory |
2013-10-04 |
Zambia: Ministry of Transport, Works, Supply and Communications |
COMESA |
Resolved
2016-03-31 |
View |
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Complaint:
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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. |
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Resolution status note:
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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. |
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NTB-000-606 |
8.8. Issues related to transit |
2013-10-08 |
Mozambique: Beira Port |
Zambia |
Resolved
2015-06-19 |
View |
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Complaint:
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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). |
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Resolution status note:
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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 |
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NTB-000-605 |
8.8. Issues related to transit |
2013-10-03 |
Democratic Republic of the Congo: Kasumbalesa |
COMESA |
Resolved
2016-08-24 |
View |
|
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. |
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Resolution status note:
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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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NTB-000-604 |
7.5. Lengthy procedures |
2013-09-19 |
Zambia: Chirundu |
South Africa |
Resolved
2013-11-13 |
View |
|
Complaint:
|
This complaint is registered by FESARTA.
There are excessive delays at the Chirundu border post between Zimbabwe and Zambia
Trucks are taking around 5 days to transit the border and are completing only one trip Beira, Zambia and return, per month. Their monthly kilometres travelled is down to around 5000 kms per month. No transporter can accommodate such a low utilization of his fleet.
The queue on the Zimbabwe side, stretches for anything up to 10 kms.
There are several reasons for the delays at this border post, including:
Strict application of new rules and procedures by the Bank of Zambia and ZRA
The scanning machine has been under repair
There were special arrangements for Ministers visiting the border and so restricting the passage of trucks
The commercial operating hours are from 0800 to 1630. This is insufficient for the traffic flow
A tug-of-war between ZRP and ZIMRA as to which should control the traffic on the Zim side
When a crisis like this occurs, officials "make a plan" and clear the border of backlog.
It is understood that it costs $10 to get to the front of the queue and $20 to get into customs. Transit can then be made in 12 hours.
This is not acceptable.
There should be a permanent process in place to ensure the border does not get congested.
One solution, is to open the border from 6am to midnight, as with Beitbridge.
Extra security will have to be put in place to accommodate this night traffic and parking.
Urgent and effective measures must be taken. |
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Resolution status note:
|
On 7th October 2013, the Zimbabwe Focal Point reported that the relevant NMC members comprising Ministry of Transport and Infrastructure Development, Zimbabwe Revenue Authority and the Ministry of Industry and Commerce held a meeting on 4 October 2013 to consider the urgent complaint raised by the Transport Operators’ Association of Zimbabwe also posted on the online system as NTB 604. The meeting observed that that the congestion was a result of increased traffic on the North South Corridor and also increase in traffic from Beira Port. This is coupled with inadequate infrastructure at the border which was not designed to contain the large volume of traffic.
The meeting identified the following factors that contributed towards the congestion as well as a way forward to address the problem resulted in clearing the congestion.
1. The congestion which was experienced recently was partly caused by break down of scanner on the Zambian side due to heat. The Zambians are scanning 100% on commercial cargo. This also contributed to the problem.
2. Inadequate infrastructure is the main challenge at the border. North-bound trucks are only released four at a time because there is no holding space on the Zambian side.
3. ZIMRA has a challenge of accommodation at the border, so when they send their relief staff they will be staying in Kariba, which is also costly for them.
4. Problems of congestion at Chirundu can only be solved by engaging the Zambian counter-parts since the problem is brought about by north bound traffic.
5. ZIMRA is pre-clearing most trucks but Clearing Agents release trucks in batches to minimise movement across the border. This creates additional congestion. However, ZIMRA have already engaged the agents on the issue.
6. ZIMRA has already engaged ZRA and they have made an administrative arrangement to work up to 10pm whenever the traffic volume is high. ZIMRA have also reacted to ease the congestion problem by sending 19 additional staff.
7. It emerged that there is lack of control of trucks outside the border area. The police and the Rural District Council seem not to be playing their role. The trucks would also be mixed with that carrying hazardous and flammable goods which is very risk.
8. The Ministry of Transport and Infrastructure Development is going to set up a committee which will visit Chirundu Border Post to get more information from the people on the ground.
Way forward
1 Zimbabwe set up a committee to visit the border to establish facts from the people on the ground.
2. Zimbabwe will make effort to engage her Zambian counter-parts so that they create some holding space for north-bound traffic.
3. Zimbabwe Ministry of Transport is working on creating temporary parks on the Zimbabwean side as well as building accommodation for border agencies. |
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NTB-000-604 |
7.5. Lengthy procedures |
2013-09-19 |
Zambia: Chirundu |
South Africa |
Resolved
2013-11-13 |
View |
|
Complaint:
|
This complaint is registered by FESARTA.
There are excessive delays at the Chirundu border post between Zimbabwe and Zambia
Trucks are taking around 5 days to transit the border and are completing only one trip Beira, Zambia and return, per month. Their monthly kilometres travelled is down to around 5000 kms per month. No transporter can accommodate such a low utilization of his fleet.
The queue on the Zimbabwe side, stretches for anything up to 10 kms.
There are several reasons for the delays at this border post, including:
Strict application of new rules and procedures by the Bank of Zambia and ZRA
The scanning machine has been under repair
There were special arrangements for Ministers visiting the border and so restricting the passage of trucks
The commercial operating hours are from 0800 to 1630. This is insufficient for the traffic flow
A tug-of-war between ZRP and ZIMRA as to which should control the traffic on the Zim side
When a crisis like this occurs, officials "make a plan" and clear the border of backlog.
It is understood that it costs $10 to get to the front of the queue and $20 to get into customs. Transit can then be made in 12 hours.
This is not acceptable.
There should be a permanent process in place to ensure the border does not get congested.
One solution, is to open the border from 6am to midnight, as with Beitbridge.
Extra security will have to be put in place to accommodate this night traffic and parking.
Urgent and effective measures must be taken. |
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Resolution status note:
|
On 13 November 2013 ZIMRA reported that the problem of long queues at Chirundu had been resolved and there were no queues at the border thereby resolving this NTB. |
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NTB-000-603 |
2.9. Issues related to transit fees |
2013-05-01 |
Mozambique: Delegação Aduaneira de Zobwe |
Malawi |
Resolved
2013-09-13 |
View |
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Complaint:
|
From May 2013 the government of Mozambique introduced a single window entry customs system which requires transiting goods should pay a transit bond on crossing Mozambique. However since implementation to date the system is not working properly as trucks are forced to stop at borders viz:- Zobue, Cuchamano, Miranje just to mention a few for long periods in some instances x3 weeks to a month before they can be cleared to cross. This is mainly because Mozambique bond is different to the rest of the regions bond sytems. In Mozambique they require a bond agent to post the equivalent amount of bond being applied for in cash value, i.e. if bond is USD1,000,000 then the agent has to hand over USD1,000,000 in cash either to govt or customs for the bond to be established. This has resulted in few people able to afford bond as such only a few agents are available and at the same time goods requiring their services are just huge volumes with huge values that the bonds are not sufficient to carter for all transiters. This is making exporters or importers waste a lot of time at the border thereby missing delivery schedules. At the same time transporters are raising freight charges as they are only able to make a single trip in a month than they used to do previously, almost x4 minimum. This is causing rising costs of goods in neighbouring countries and also missed opportunities for private traders like our company. |
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Resolution status note:
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On 11th September 2013, Mozambique Focal Point reported that the alleged NTB´s related to the transit procedures in Mozambique, were removed, through the approval of Ministerial Diploma nº 116/2013 of 8th of August, which approves the Norms and Specific Principles to be taken into account in the implementation of Customs Transit of Goods. This Ministerial Diploma repeals the Ministerial Diploma nº 307/2012, of 15 of November.
Pursuance to reaching a common understanding on this matter, FCFASA members in Malawi reported that CAFAAM Executive Committee Members together with Malawi Revenue Authority, Ministry of Trade and Ministry of Transport and Executives from Malawi, travelled to Cuchamano and Nyamapanda to appreciate the various challenges (delays, costs, etc.) which came about as a result of the new transit procedures introduced in Mozambique in April 2013. The delegation met with Mozambique customs , Beira , Port authorities and had an opportunity to interact with Mozambican Clearing and Forwarding Agents and some Malawian drivers during the launch of the Diploma nº 116/2013 of 8th of August.
The delegation reported:-
1. It was agreed that the new Transit Bond Procedures in Mozambique are in line with international practice and appreciated the fact that in the absence of these procedures, a lot of traders were smuggling goods into Mozambique under the guise of “transit cargo”.
2. Mozambican Clearing agents had been given adequate notice to put in place the required bond guarantees although they were not ready by implementation date.
3. The general consensus was that the conditions (e.g. the required collateral) set up by banks, insurance companies and the authorities themselves for setting up the transit bond guarantees were too tough to be met by transporters and forwarding agents.
4. To this end, the Mozambican Government’s had exempted some products (tobacco, tea, sugar, cotton, etc.) from monetary bonding and reduced bond values from 100% on containerized cargo to 20% or 35% on break-bulk cargo. This measure would reduce pressure on the available bond levels for other cargo not exempted.
5. That there was need to license more “Despachantes” to speed up clearance procedures or alternatively, allow forwarding agents to be doing own customs clearing of cargo which they are moving.
6. There was need for Station Managers at the various borders to be taking stock of trucks available at the borders every day and talk to drivers who have stayed at the border for more than a day to encourage them to proceed with their journey so as to minimise the prevalent corrupt practices by some customs officers, guards, clearing agent.
7. A proposal to set up a “Help Desk” at the borders to achieve transparency and quarterly meetings between the various players at senior level.
8. Joint border training sessions between customs and other authorities and clearing & forwarding agents to be enhanced.
9.That various customs authorities establish a deliberate policy for Accrediting Clearing agents based on an exhaustive Risk assessment of each one of the agents and track record in order to “smoke out” fraudulent clearing and forwarding agents who cheat importers or assist them with smuggling practices,.
10. That Mozambican authorities should endeavor to translate and display the various rules and regulations into English to enable none Portuguese speaking people to understand the applicable regulations.
11.Mozambique customs advised that:
a. Clearing Agent need to quickly do a Supplementary Entry if there are any changes to a declaration (e.g. amending border of exit, amending values or quantity of goods, etc.) to avoid truck delays at the border or bond acquittals being blocked.
b. Once CORRECT documents are lodged and payment effected, their processing time is up to 3 hours only.
c. They would as far as possible, be rotating their staff to avoid corruption if they familiarize themselves too much to one border station. |
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Products:
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0902.40: Black fermented tea and partly fermented tea, whether or not flavoured, in immediate packings of > 3 kg |
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NTB-000-601 |
8.8. Issues related to transit |
2013-07-12 |
Kenya: All Transit Entry Points into Keny |
Uganda |
Resolved
2015-12-21 |
View |
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Complaint:
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Kenya Ministry of Agriculture Animal Industry and Fisheries, State Department for Livestock, Directorate of Veterinary Services, has introduced a new requirement under notice SOPS for Transit Inspection (1), for Hides and Skins consignments in transit through Kenya issued on 12th July 2013, that:
1. Transit goods are for all intent and purposes Imports
2. That transit cargo be subject to physical inspection by an inspector
3. Exporters transiting through Kenya to possess Import permits from the countries of destination
4. Exporters to poses Transit Permits
5. Payment of Transit fees
The requirement is to be effective on 21st July 2013.
Accordingly, this is a new NTBs imposed by the Kenyan Government on Ugandan goods transiting through Kenya. This new requirement is affecting 8 Ugandan companies in the business of exporting hides and skins that transit through Kenya. The measure will increase the cost of doing business because companies will require acquire transit permits for a fee, and delays related to physical inspection. More over the companies have been given a very short time (8 days including weekends) to comply with the new measure.
The Government of Republic of Uganda is of a strong view that this requirement be removed due to reasons above and contravenes the EAC Integration process through the Protocols signed so far. It is also erroneous to refer to transit goods as Imports as is done in the same notice. |
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Resolution status note:
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On 21st December 2015, Uganda Focal Point reported that the NTB was resolved by Kenya. The Requirement is no longer applicable |
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NTB-000-600 |
8.1. Government Policy and regulations |
2013-07-17 |
South Africa: Durban sea Port |
SADC |
Resolved
2016-09-13 |
View |
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Complaint:
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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. |
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Resolution status note:
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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 |
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NTB-000-598 |
8.7. Costly Road user charges /fees |
2013-07-10 |
Mozambique: Tete Bascala,Tete Bridge |
Mozambique |
Resolved
2015-02-10 |
View |
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Complaint:
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There is a charge only on foreign vehicles over 3500kg crossing the Tete bridge initially US$250 and then US$75 every time the vehicle crosses the bridge. The vehicle involved is a Crane truck used in construction sites in and around Tete.
The vehicle can travel all the way from Maputo and operate on the south side of the river without paying any fees but is charged the above very high fees once it goes to the north side of the bridge. |
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Resolution status note:
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On 10 February 2015, Mozambique focal point reported that the fees are regulated through the Decree No. 26/2010 available in the online system and that the USD75 fee is only applicable to cross the north bridge. According to the decree establishing the rates, foreign vehicles must pay a stipulated fee of 75 USD on the bridge. However, as indicated by complainant, the vehicle can use alternative route and travel all the way from Maputo and operate on the south side of the river without paying any fees. With this explanation, Mozambique considers the NTB resolved because there is alternative route for foreign vehicles. |
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