| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-000-099 |
1.2. Government monopoly in export/import |
2009-07-26 |
Botswana: Ministry of Trade |
South Africa |
Resolved
2010-11-22 |
View |
|
Complaint:
|
Botswana has single marketing channel for maize |
|
|
Resolution status note:
|
Botswana reported that she has multi channel maize marketing. Ministry of Agriculture issue import permits to ensure balance between local sourcing and importation. |
|
|
NTB-000-097 |
1.2. Government monopoly in export/import
Policy/Regulatory |
2009-07-26 |
Botswana: Ministry of Trade |
South Africa |
Resolved
2020-03-13 |
View |
|
Complaint:
|
Botswana has a single channel marketing for meat. |
|
|
Resolution status note:
|
Botswana reported that the BMC Act is under review by Ministry of Agriculture to allow entry of other players. |
|
|
NTB-000-097 |
1.2. Government monopoly in export/import
Policy/Regulatory |
2009-07-26 |
Botswana: Ministry of Trade |
South Africa |
Resolved
2020-03-13 |
View |
|
Complaint:
|
Botswana has a single channel marketing for meat. |
|
|
Resolution status note:
|
On 13 March 2020, Botswana Focal Point reported that the Botswana Ministry of Agricultural Development and Food Security was in the process of establishing a meat regulator that will oversee import and export of meat products including beef. A regulation was issued late 2019 repealing the clause on the Botswana Meat Commission (BMC) Act that gave BMC the mandate as the sole exporter of cattle and its edible products, and instead mandated the Minister of Agricultural Development and Food Security to consider applications for any person wishing to export beef and its products. |
|
|
NTB-000-096 |
1.2. Government monopoly in export/import |
2009-07-26 |
Botswana: Ministry of Trade |
South Africa |
Resolved
2010-11-22 |
View |
|
Complaint:
|
Botswana has single channeling marketing for wheat. |
|
|
Resolution status note:
|
Botswana reported that she does not have a single marketing channel for wheat. |
|
|
NTB-000-098 |
1.2. Government monopoly in export/import |
2009-07-26 |
Botswana: Ministry of Trade |
South Africa |
Resolved
2010-11-22 |
View |
|
Complaint:
|
Botswana has single marketing channel for dairy |
|
|
Resolution status note:
|
Botswana reported that there is free entry of other players. It is not restrictive |
|
|
NTB-000-202 |
7.6. Lack of information on procedures (or changes thereof) |
2009-07-27 |
Botswana: Botswana Bureau of Standards |
Zimbabwe |
Resolved
2010-11-22 |
View |
|
Complaint:
|
Difficulty in getting copies of relevant Standards |
|
|
Resolution status note:
|
Botswana reported that Botswana standards are accessible and available through Botswana Bureau of Standards (BOBS). ISO, EN, BS and other standards from SADC member states and other regions are obtainable through BOBS. Anyone can access or obtain standards through BOBS at a fee. |
|
|
NTB-000-347 |
5.1. Quantitative restrictions |
2010-02-09 |
Botswana: Ministry of Agriculture |
Botswana |
Resolved
2010-11-29 |
View |
|
Complaint:
|
Botswana regulates importation of grains |
|
|
Resolution status note:
|
Botswana reported that it has multi channel maize marketing. Ministry of Agriculture issue import permits to ensure balance between local sourcing and importation. |
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|
NTB-000-458 |
2.8. Lengthy and costly customs clearance procedures |
2011-09-08 |
Botswana: Martins Drift |
Botswana |
Resolved
2012-12-11 |
View |
|
Complaint:
|
Time taken to clear both side, high cost of paid to clearing agents both sides and attitude of Botswana customs officials is a seriuos concern and a mojr NTB. What you encounter at boarders is inconsistant and contradicts what the government preaches in relation to SMME development. |
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|
Resolution status note:
|
Botswana reported that BURS is committed to ensuring that all procedures are standard, transparent and consistent at all times to all traders and are working hard to ensure that this is maintained. BURS are working hard on those issues to ensure efficient service delivery to all traders including SMMEs as they recognize the fact that they also contribute hugely to the growth of the country’s economy.
With regards to clearance, Botswana reported that, under normal circumstances, when one has all requirements in place, electronically processed customs declaration will be processed within 4 hours and manual declarations within 24 hours.
Clearing agents’ fees vary from agent to agent, however the average clearing fee for Imports is P650.00 and P450.00 for exports, this depends on mostly the weight, volume and type of commodity. These fees are set by the market. In order for the trader to be able to bypass the clearing agents they need to have registered for the ASYCUDA system with BURS, traders who trade at least every week and meet other mandatory requirements are given rights to use the ASYCUDA system. |
|
|
NTB-000-460 |
6.1. Prior import deposits and subsidies
Policy/Regulatory |
2011-06-06 |
Botswana: BURS |
Botswana |
Resolved
2013-05-23 |
View |
|
Complaint:
|
Botswana BURS requires a deposit to be lodged with them prior to allowing any goods, being imported into Botswana, to cross the border. They will not accept a small deposit - enough to cover the VAT charges on the goods in question - they require a standard amount of P25 000. The only way to avoid paying this deposit is to meet the goods at the border and pay the amount which has been determined as owing that very day. It can be very difficult to meet trucks coming from Johannesburg at the border, particularly if you don't stay in Gaborone where most of the trucks cross. This results in many additional costs being incurred by the importer and can result in goods being returned to South Africa at the importers expense. For small consignments, where the VAT owed is only a few hundred Pula, more money can be spent on trying to get to Gaborone, at the right time (which often changes) in order to meet the truck and make the VAT payment, than the VAT amount itself. Perishable food products, if they need to be returned, are often lost completely resulting in major losses. |
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|
Resolution status note:
|
At the 11th meeting of the SADC Sub -Committee on Trade Facilitation held on 23 May 2013 in Gaborone, Botswana Unified Revenue Services (BURS) confirmed the following 3 available alternatives which enabled traders to pay for VAT/Duties without being at the point of entry so as to grant entry of goods:
i) Apply for gross payment account; through this account, the applicant is able to deposit funds into the account in which payable VAT/duties will be debited upon any importation of goods
ii) Apply for deferred account; this account enables importers to import goods and pay the accrued VAT/duties at the end of the each month (as explained on the NTB status notes initially afforded to you).
iii) Cash payment can be made at any BURS office countrywide after which that particular office will immediately liaise with the office at the point of entry of the imported |
|
|
Products:
|
2008.11: Groundnuts, prepared or preserved (excl. preserved with sugar) |
|
|
NTB-000-463 |
2.10. Inadequate or unreasonable customs procedures and charges |
2011-09-21 |
Botswana: Sir Seretse Khama International Airport |
Botswana |
Resolved
2012-11-25 |
View |
|
Complaint:
|
Imported whey permeate from the U.S. was charged an import duty amounting to P10 755.90 for goods valued at USD $4 875.00 (approximately P4100). In addition, they refused to recognize the product as being a whey product, which carries a lower rate of duty than the category for which we were charged. The product we were importing, known as Versilac, is a type of whey permeate, being the material passing through the filter used for extracting whey protein from whey. The only dairies producing whey permeate are those producing whey protein concentrate. No dairy in Southern Africa produces either whey protein concentrate or whey permeate. Our only option is to buy imported permeate and concentrate from South African importers, or to import it ourselves. Why should anyone pay a duty amounting to 262% of the value of the goods when similar goods are not produced anywhere in the region? The officers at BURS in Gaborone insisted they were making correct charges and calculations but we were not provided with an analysis, only the receipt we received once we paid the full amount. Our goods had already been at the airport a week trying to sort the issue out. Finally, we were forced to pay as we needed to begin production. |
|
|
Resolution status note:
|
On 25 November 2012, the comlainant reported that the issue was partially resolved a few months later, when the company received a refund for some of the duty charged. BURS acknowledged that they had the wrong duty amount for that classification in their system. It is therefore assumed that the correct duty will now be charged from that time onwards. The company will continue to engage BURS to consider possibility of waiving duty 0n grounds that the product is for use in treatment of acute malnutrion, in other words it is a life-saving product. This NTB is therefore considered resolved. |
|
|
Products:
|
0404.10: Whey and modified whey, whether or not concentrated or containing added sugar or other sweetening matter |
|
|
NTB-000-531 |
8.1. Government Policy and regulations
Policy/Regulatory |
2012-09-28 |
Botswana: Kazungula Ferry |
Botswana |
Resolved
2016-08-15 |
View |
|
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. |
|
|
Resolution status note:
|
The Focal Point advised that the Chobe Municipality no longer charges foreign transporters the fees. |
|
|
NTB-000-548 |
8.1. Government Policy and regulations |
2012-11-30 |
Botswana: Kazungula Ferry |
South Africa |
Resolved
2015-03-25 |
View |
|
Complaint:
|
This complaint is registered by FESARTA.
The Botswana Department of Veterinary Services is requiring a permit for agricultural products to be purchased in Gaborone and for the original to be carried on the truck.
This procedure is time-consuming and inefficient.
The process should be done electronically and the truck carry an electronic copy. |
|
|
Resolution status note:
|
On 25 March 2015, Botswana Focal Point reported that transit permits are now issued in various Veterinary Offices countrywide. Issuance of such permits has now been decentralized. Botswana still requires that permits original (hard) copies MUST always accompany consignment. It must be noted that 1 consignment requires 1 permit which is neither time consuming nor inefficient. Introduction of electronic copies (for convenience) is still being considered. With this explanation, and that transporters can obtain permits easily, the NTB should be considered resolved |
|
|
NTB-000-566 |
8.6. Vehicle standards
Policy/Regulatory |
2013-02-12 |
Botswana: Pioneer Gate |
South Africa |
Resolved
2016-09-13 |
View |
|
Complaint:
|
This complaint is registered by FESARTA.
The Botswana traffic authorities at Pioneer Gate, are applying outdated overall vehicle width and overall vehicle height limits. The are applying maximum 2.5m width and 4.1m height.
For many years, SADC has recommended 2.6m width and 4.3m height.
Most of the countries in the Southern African region, have 2.6m and 4.3m, and so the vehicles are built to suit these dimensions. They cannot be reduced to 2.5m and 4.3m without major structural alterations.
Furthermore, the 2.6m width was set so that an ISO shipping container, which is 2.4m wide, can be loaded onto a trailer that has sideboards. This cannot be done on a trailer that is 2.5m wide, since the sideboards take up at least 100mm width. The 2.6m also allows two standard pallets to be loaded side-by-side inside a pantechnicon body.
On occasions, when this problem has arisen in the past, the traffic officials have agreed that, to facilitate trade, the vehicles can operate in Botswana. But, there are also occasions, such as the present case, when traffic officials have insisted that the smaller dimensions must be enforced. This is a serious inconvenience and extra cost to transporters.
For trade facilitation, Botswana must change its act to the larger dimensions, and, in the meantime, allow vehicles with those dimensions to operate freely. |
|
|
Resolution status note:
|
On 13th September 2016, FESARTA advised that the transporters were no longer facing this barrier so the NTB is resolved. Botswana is in the process of ammending the regulations to conform wit the requirements. |
|
|
NTB-000-626 |
8.6. Vehicle standards
Policy/Regulatory |
2014-02-28 |
Botswana: Martins Drift |
South Africa |
Resolved
2014-11-24 |
View |
|
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 |
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|
Resolution status note:
|
Thanks Kelly. Please upload a copy.
Regards |
|
|
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 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 |
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. |
|
|
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 |
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. |
|
|
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-000-645 |
1.1. Export subsidies |
2015-01-23 |
Botswana: Ngoma |
|
Resolved
2015-02-11 |
View |
|
Complaint:
|
I have a consignment of used vehicles imported from UK and the USA. They are being denied entry to Botswana on transit to Zimbabwe because they are not registered. Apparently Botswana does not allow unregistered vehicles to drive on their roads |
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|
Resolution status note:
|
The affected company reported that they managed to get assistance from the Namibia Customs officials who escorted the consignment back into Namibia then to the Zambia border. They used the Zambia route which is 400 kilometers longer. The company reported that the Department of Transport in Botswana informed them that there won't be a waiver for vehicles not registered in SADC or COMESA region. Only COMESA and SADC registered vehicles are allowed road transit in Botswana
However, tourism vehicles registered outside COMESA and SADC and vehicles destined for Botswana are allowed to be driven in Botswana.
FESARTA confirmed that, according to the regional policy, all vehicles not registered in COMESA or SADC would have to be loaded on other vehicles. |
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|
Products:
|
8704.22: Motor vehicles for the transport of goods, with compression-ignition internal combustion piston engine "diesel or semi-diesel engine" of a gross vehicle weight > 5 t but <= 20 t (excl. dumpers for off-highway use of subheading 8704.10 and special purpose |
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NTB-000-673 |
7.3. Corruption |
2015-06-14 |
Botswana: Martins Drift |
|
Resolved
2016-02-26 |
View |
|
Complaint:
|
A Zambulk Tanker carrying Fuel was weighed at the subject weighbridge with the following axle masses: Steer axle - 6960 kg (legal limit 8000 kg); Drive axles - 17660 kg (legal limit 18000 kg); Trailing axles - 24160 kg (legal limit 24000 kg). Tolerance is 5% on an axle set or on GVM, in this case it would be 1200 kg on the trailing axle set. The weighbridge official printed a weighbridge ticket for the driver which reflected the weights indicated above and showed the legit limits as indicated above with the Total GVM being 48780 kg and the max or legal limit being 50000 kg. This vehicle was within the legal limit on GVM and well within the tolerance on the trailing axle set. Yet printed at the bottom the weighbridge ticket is the comment - TRUCK MUST EXIT AND RETURN TO DISPATCH IMMEDIATELY SO THAT THE LOAD CAN BE CORRECTED!!! (see attached weighbridge ticket). When the driver queried this with the weighbridge official he was told that he must park off the truck and move fuel from the rear tank to the front tank to correct the load. This is clearly not an option and highly dangerous given the nature of the product being carried. The driver went back and started negotiating and gave her Pula 200. The Operator refused to give the driver 5% when entering Botswana. The Operator said it is only applicable AFTER the Martins Drift Weigh Bridge. At Serule and Francistown there was no problem.
This is obviously an attempt a corrupt activity that is taking place at this weighbridge and needs to be stamped out immediately. |
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Resolution status note:
|
On 26th February 2016, Botswana Focal Point reported that the general public and business community were encouraged to report all corruption cases with Botswana Police as and when they happen. There are police officers stationed at all Botswana entry points. This will assist in addressing corruption issues. However, it should be noted that the 5% is not applicable at the 1st weigh bridge in Botswana but AFTER the 1st weigh bridge. In this instance, it will be applicable in Serule or Francistown. |
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NTB-000-727 |
4. Sanitary & phyto-sanitary (SPS) measures
A53: Fumigation |
2016-12-01 |
Botswana: Kazungula Ferry |
Zambia |
Resolved
2017-05-18 |
View |
|
Complaint:
|
Botswana border officials demand fumigation certificate for molasses. To my knowledge, foodstuffs like molasses cannot be fumigated and on the Botswana import permits (plant protection), this is not among the requirements. This leads to delays, additional costs (e.g demurrage), possible loss of business and risk of product going bad. |
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Resolution status note:
|
During the the 15th meeting of the SADC Sub Committee on Trade Facilitation held on 17- 18 May 2017, Botswana reported that Sanitary import permit is required only for molasses meal. No Sanitary or Phytosanitary import permit is required for liquid molasses and molasses powder and therefore no fumigation certificate is needed for molasses. According to the conditions set as per the Sanitary import permit, imported molasses has to be free of protein of animal origin and not contain any prohibited substances such as growth hormones. Officials from Botswana and Zambia have had a bilateral meeting and the issue has been addressed. |
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