Resolved complaints

Showing items 121 to 140 of 824
Complaint number NTB TypeCheck allUncheck all Date of incident Location Reporting country or region (additional) Status Actions
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-000-696 5.12. Export restraint arrangements 2016-07-08 Zambia: Kafue Resolved
2016-09-13
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Complaint: Zimbabwe Registered Transporters were offered maize loads from Zambia for export to Harare. Some of the trucks loaded and moved. A balance of 4 trucks have been held back due to what we believe are investigations by the Government of Zambia over issues related to smuggling of maize. It is understood now that the Exporters in Zambia are exporting maize illegally with false documentation.

Despite numerous and repeated requests to either off-load the trucks or verify the documents and release the trucks, the vehicles remain in Kafue with no solution in sight, 18 days after the trucks loaded. The Zambian Army is holding the trucks and the Permanent Secretary in the Ministry of Agriculture is refusing to getting involved to assist the truck release process. There are apparently around one hundred trucks being held at Kafue at present for an issue which is not related to the transporter, but which is directly related to the Exporter and the Zambian Authorities.

We urgently request that these trucks be offloaded and released by the military and Zambian Authorities as this is costing the Transporters a lot of money in lost revenue and it is illegal for the Zambian Authorities and army to hold the transporters liable in this case.
 
Resolution status note: On 13th September 2016, FESARTA advised that the trucks were released so the NTB is resolved.  
NTB-000-717 8.6. Vehicle standards 2016-07-13 Zambia: military base South Africa Resolved
2016-11-17
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Complaint: Trucks from various countries including Zimbabwe, South Africa and Malawi origin transporting Maize bran legally with valid documentation and export permits issued by Zambian Dept of Agriculture were held at Kafue Weigh Bridge for almost a week, others longer than 3 weeks allegedly waiting for validation of export permits.

On 13 July permanent Secretary of Lusaka province arrived and Kafue bridge and after a short talk on maize smuggling to drivers ordered 31 of the trucks to be convoyed back to Lusaka to a military base under escort of military police to be impounded.

The drivers were told that upon arrival at the destination they were to take nothing from the trucks and leave. They were also told that where they were to sleep/reside was not the concern of the military personnel or authorities, it was their own problem.

At the military base the drivers manage to negotiate the removal of their clothing, blankets and personal effect , and were forced to hand over the keys to the vehicles and sign forms of impoundment.

This all for vehicles tranporting goods legally, all carrying clearing documentation legally processed by zambian clearing agents and valid legal permits issued by the Zambian Dept of Agriculture in Lusaka.

Subsequent to this another approximate 20 vehicles has experienced the same process.

Daily representations, discussions and meetings since then between various persons and organizations representing transporters and the office of the permanent Secretary of Lusaka yield no results or explanation for the impoundment of vehicles carrying legal documents, nor a date when the vehicles will be released.

Drivers are out on the streets, many with no suitable place to sleep. Some, out of desperation resorted to hitch-hiking back to their home countries.

Transporters are incurring heavy losses.

We urgently request that these trucks be released by the military and Zambian Authorities as this is costing the Transporters a lot of money in lost revenue and it is illegal for the Zambian Authorities and army to hold legally operated trucks.

The incident is also going to be escalated via the relevant countries' embassies/high commissions and Trade Authorities .
 
Resolution status note: On 17th November 2016, South Focal Point confirmed that the NTB had been resolved .  
NTB-000-723 7.4. Costly procedures 2016-09-06 Zambia: All ports of entry South Africa Resolved
2018-01-25
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Complaint: Drivers are experiencing long delays in processing of the maize export permits in Zambia. It takes more than 90 days for permits to be processed by the authorities causing drivers to exceed their 90 day limit in Zambia.Once drivers reach this limit, they are required to buy work permits at a very high cost of $225. This impacts heavily on already small margins.  
Resolution status note: Zambia reported that the Ministry of Agriculture through the Department of Agribusiness and Marketing is responsible for facilitating trade through the issuance of Control of Goods Import and Export Permits for Agriculture Commodities. The process of issuance of permits starts and is completed within a period of 24 hours. Maize Grain is an agricultural commodity whose export is subject to the Control of Goods Act. Export Permits, Control of Goods, for maize are processed within 24 hours. Delays previously reported were an isolated incident that may have been caused by externalities at play then. The current status is that Export Permits, Control of Goods, for maize are processed within 24 hours. We propose that this be considered resolved.  
NTB-000-728 2.6. Additional taxes and other charges 2016-11-01 Zambia: Kazungula Ferry Botswana Resolved
2018-01-25
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Complaint: Importers of beans, ground nuts and sweet potatoes from Zambia into Botswana have complained that they have of late, been charged amount in excess on BWP 1 000 by some Zambian border authority for which receipts are never issued. A number of those complaints have revealed that no receipts were issued to denote what the BWP 1 000 was being paid for. No explanation was also given. These importers have, while in Zambia paid all the charges relating to phytosanitary and other charges for their goods-receipts for such are duly produced.

The additional charge is suspected to be charged without any legal basis from Zambia Government. This additional charge is placing a burden on small traders whose livelihood depends on selling the products in Botswana.
 
Resolution status note: On 25th January 2018, Zambia reported that no Zambian Border Authority Charges this Fee and without receipt for that matter. Border Agencies suspect this could be a case of false representation of a Government agency. The matter will be passed on to security wings for further interrogation. If additional information could be availed to assist in identifying those involved. This NTB is considered resolved.  
Products: 1202.41: Groundnuts, in shell (excl. seed for sowing, roasted or otherwise cooked)  
NTB-000-729 6.6. Border taxes 2017-01-01 Zambia: All Zambian Border Posts Resolved
2018-01-25
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Complaint: Introduction of fees on all motor vehicles exiting and entering Zambia

This measure will effectively increase transportation costs for both businesses and individuals.

As a landlocked country which is primarily reliant on road transport, this will have major cost repercussions for all industry sectors and increase the cost of doing business, making Zambia less competitive.

The Minister proposes to increase various user fees and charges to recover costs. This would include statutory fees and charges for services provided by government institutions.

Unless the fee increases are matched by an increase in efficiency, this measure will have an overall detrimental effect.

Effective date

All of the above measures will take effect from 1 January 2017.
 
Resolution status note: On 25 January 2018, Zambia Focal Point reported that this measure had not been implemented therefore this NTB is resolved  
NTB-000-731 6.6. Border taxes 2017-01-01 Zambia: All Zambian Border Posts Resolved
2018-01-25
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Complaint: Introduction of fees on all motor vehicles exiting and entering Zambia

This measure will effectively increase transportation costs for both businesses and individuals.

As a landlocked country which is primarily reliant on road transport, this will have major cost repercussions for all industry sectors and increase the cost of doing business, making Zambia less competitive.

The Minister proposes to increase various user fees and charges to recover costs. This would include statutory fees and charges for services provided by government institutions.

Unless the fee increases are matched by an increase in efficiency, this measure will have an overall detrimental effect.

Effective date

All of the above measures will take effect from 1 January 2017.
 
Resolution status note: On 25 January 2018, Zambia Focal Point reported that this measure had not been implemented therefore this NTB is resolved  
NTB-000-732 5.15. Other 2017-01-01 Zambia: Zambia Resolved
2018-01-25
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Complaint: Carbon Tax Increase over 37% for commercial vehicles  
Resolution status note: On 25th January 2018, Zambia Focal Point advised that the measure was for all motor vehicles and the highest percentage of 40% was on motor cycles and small vehicles. 37% on commercial vehicle was among the lowest percentage increases. This measure was intended to adjust the carbon emission surtax for inflation. It had not been adjusted since its introduction in 2006. This is in line with the Customs and Excise Act 47 of 2016. We propose that this be considered resolved  
NTB-000-747 8.8. Issues related to transit 2017-05-03 Zambia: Several Locations in Zambia South Africa Resolved
2019-08-21
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Complaint: There are plus minus 540 trucks loaded with Mukula Wood which were loaded in the DRC, impounded by the Zambian Government in Zambia.

There is another plus minus 600 trucks still on the DRC side which have been refused entry through Zambia. These 540 trucks impounded in Zambia have been there for approximately 60 to 70 days in all different areas of the country, in the middle of the bush without any water, sanitation or access to supplies.

There has already been incidence of drivers having to leave their trucks in critical condition with malaria and other drivers with diabetes that have run out of medication, as well as a driver who suffered a stroke this morning at Kafue.

The goods were loaded in Lubambashi and other areas in the DRC and the wood is in transit through Zambia to various Ports in Namibia, South Africa, Tanzania and Mozambique.

No Seizure Notices of any sort have been given to the drivers, they trucks were impounded by the Zambian National Services and according to them it comes from the top and their hands are tied.

Last week Friday 28 April, a contingent of around 28 transporters and exporters from the DRC met with the Zambian Director of Lands to try and resolve this matter and after discussion, he informed us that there were two teams travelling around the country to verify the cargoes and endeavour to get them released.

After this meeting we met with the Permanent Secretary’s Office in Lusaka and demanded a meeting. Whereafter, we had a consultation lasting approximately 1.5 hours. The Secretary assured us that two teams had been appointed to the task of travelling around Zambia with the aim of releasing the impounded vehicles.

We brought to his attention the inhumane conditions in which these drivers have been detained and although he empathized he didn’t seem overly concerned about their plight.

On the same day, Friday a team had to be rushed to Nkonde Border between Zambia and Tanzania where there were about 110 trucks stuck on the Zambian side as Tanzania had temporarily closed the border due to the discontent on the drivers. The Secretary told us these trucks would be released the same day but until now, nothing has happened and the trucks are still there.

The 180 trucks stuck at the Kasumbalesa Border between DRC and Zambia on the Zambian side which were inspected and verified on Sunday are still stuck there and no one has been released and ZNS are not telling the drivers why they have not been released.

We estimate that there is in the region of 80-90 South Africa trucks being detained and the rest comprise of Zambian, Tanzanian, Botswana and Namibia trucks.

As you can imagine this has caused chaos with the Transporters as the banks are not getting paid and people are losing their businesses because of the dire situation. We need urgent intervention to prevent any further destruction of our businesses and the welfare of our drivers.

We have this minute been informed by drivers on the Zambian/Tanzania Border on the Zambian Side, that plus minus 250 trucks have been locked and surrounded by the Zambian Army and the drivers told to go home until further notice.

NOT ONE TRUCK HAS BEEN ALLOWED TO LEAVE.
 
Resolution status note: During the meeting of NTB Focal Points held on 19- 21 august 2019, Zambia Focal point confirmed the report that All 600 trucks had been released. The last 15 were released in September 2017. Attached is the statutory instrument prohibiting the exportation of certain forestry products.  
NTB-000-748 2.10. Inadequate or unreasonable customs procedures and charges 2017-05-03 Zambia: Chirundu Zambia Resolved
2018-01-25
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Complaint: There is congestion at Chirundu border as a result of the attached notice which was issued by Zambia Revenue Authority The notice advised Zambian Agents that starting 1 May 2017 no truck shall enter the Zambian scanner without the Zambian bill of entry (stamped or not stamped). Fast lane trucks must not exit the border without having the entry registered.

Below is a report from our team on the ground-

Challenges we have noticed today 09 May 2017 are that,
• It has led to chaos on the Zambian side where some trucks have arrived not registered and have clogged trucks on the queue to the scanner. Some trucks are forced to park until these trucks have been registered because there is nowhere they can move to.
• ZIMRA is not aware and were not prepared for this, although I met the bonds office and had a conversation about this before 1 May they were waiting for an official document from their colleagues which never came until yesterday when ZRA informed ZIMRA that this is the development on the Zambian side.
• Zambian importers/agents who have outstanding issues with customs or waiting for clearance instructions (agent & importer) have affected trucks which arrives while these issues are still pending, therefore trucks for these importers/agents will not be cleared and will block other trucks which were precleared leading to delays.
• Some transporters not preclearing the loads hence leading to chaos at the scanner.
• No parking space before trucks reach the scanner, only 20 trucks are accommodated there thereby leading to a queue/congestion on the Zimbabwean side.
• Transit trucks getting late while on the queue leading to late acquittal issues.

I checked on the queue (Zim side) and noticed that,
• There are 67 trucks queuing from the ZIMRA gate to Shashe area
• The queue is 1.7km long
• At the Zambian scanner trucks which are there are less than 25.
• 95% of trucks on the queue are high risk (those that pass through the scanner).
 
Resolution status note: On 25 January 2018, Zambia Focal Point reported that The requirement was now being well managed and the congestion it could have caused had been eliminated. The NTb is therefore resolved.  
NTB-000-750 8.8. Issues related to transit 2017-03-01 Zambia: On the road Zambia Resolved
2018-01-25
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Complaint: There are approximately 600 hundreds trucks ferrying "mukula" logs legally from DRCongo. The loads had genuine documents from Congo and the trucks were checked at kasumbalesa border upon entry to Zambian soil.
We understand that Zambia banned mukula harvesting within its territories but the activity is not banned in Congo. it is unfortunate that the trucks from Tanzania underwent the legal custom check at the border only to be impounded through an impromptu statutory instrument. The drivers and their drivers have been living under deplorable condition with their employing companies not only going through loss by way of their trucks staying idle but also through regular upkeep of their employees.

It also unfortunate that after impounding the said trucks, the relevant authorities in Zambian kept quiet. No meaningful willingness to resolve the issue has been portrayed by the relevant authorities in question. Going by SADC protocol on transit/transportation protocol there is evidence of breach/contravention of the same.

We wish to see a quick resolution of the matter to mitigate the pangs of the losses companies are making and hence the respective governments from which the same operates under.

We do need each other and we'll always need each other owing the same to globalization.
 
Resolution status note: On 25 January 2018, Zambia Focal Point reported that all 600 trucks had been released. The last 15 were released in September 2017. Attached is the statutory instrument prohibiting the exportation of certain forestry products. Therefore, this NTB should was resolved.  
NTB-000-784 8.8. Issues related to transit 2017-10-10 Zambia: Kapiri Mposhe South Africa Resolved
2019-01-11
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Complaint: Transporters are experiencing substantial delays at the weigh-bridges in Zambia when transiting to and from DRC. To make matters worse trucks get weighed at more than one weigh bridge even though the drivers have copies of the initial weigh bridge slips showing no overloads.  
Resolution status note: Zambia reported that the Road Development Agency (RDA) was acting within the law (The Tolls Act of 2011). As a result, trucks are continuously weighed to ensure that no extra loads are added onto the trucks.There is an going process to designate weigh bridges for international truckers as part of the vehicle load management programmes being implemented under the tripartite .Delays in the weighing process are only occasional and not every time. A normal weighing process takes 3 to 5 minutes depending on the details being submitted. All the trucks were cleared and therefore the matter is resolved  
NTB-000-792 8.7. Costly Road user charges /fees 2017-11-01 Zambia: Chililabombwe Resolved
2019-01-11
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Complaint: Transporters are being charged a motor vehicle fee by Chililabombwe Municipal Council. There is no justification for such a fee since the transporters do not receive any services from the Council. The transporters are travelling on national roads, which are maintained by the government and not the Council. The transporters pay road user charges to the government to maintain the roads. According to NTB-000-480, this was addressed on the 7 September 2016, but this problem has emerged again since 20th October 2017.  
Resolution status note: Zambia reported that the by-law has now been revoked and councils have stopped charging the said fees.  
NTB-000-801 2.6. Additional taxes and other charges 2018-02-28 Zambia: Ministry of Trade. Malawi Resolved
2019-08-20
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Complaint: 1. CORI (Capital Oil Refining Industries) Ltd intend to export cooking oil and soya bean cake into Zambia. However, the
company has been advised to pay 5% SGS surcharge on export of its product into Zambia.

2. The company (CORI Ltd) is also considering to register a company in Zambia in which case they have been advised that they require an import permit from Zambian Authorities for every consignment (of cooking oil and soya bean cake) that will be sent to Zambia.
 
Resolution status note: During the bilateral consultations between Zambia and Malawi at the TFTA NTBs Focal points meeting held on 19- 21 August 2019 , Malawi confirmed that the issues has been resolved.  
NTB-000-801 2.6. Additional taxes and other charges 2018-02-28 Zambia: Ministry of Trade. Malawi Resolved
2019-08-20
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Complaint: 1. CORI (Capital Oil Refining Industries) Ltd intend to export cooking oil and soya bean cake into Zambia. However, the
company has been advised to pay 5% SGS surcharge on export of its product into Zambia.

2. The company (CORI Ltd) is also considering to register a company in Zambia in which case they have been advised that they require an import permit from Zambian Authorities for every consignment (of cooking oil and soya bean cake) that will be sent to Zambia.
 
Resolution status note: During the bilateral consultations between Zambia and Malawi at the 5th TFTA NTBs Focal points meeting, Malawi confirmed that the issues has been resolved. We again propose that it be marked as resolved.  
NTB-000-821 6.5. Variable levies
Policy/Regulatory
2017-02-21 Zambia: Zambia Revenue Authority Kenya Resolved
2019-08-21
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Complaint: On 20th and 21st February 2017, Zimbabwean and Kenyan companies involved in distribution of tilapia into Zambia reported that the Government of Zambia had enacted the Customs and Excise Amendment Act number 47 of 2016 effective 1 January 2017.The amendment imposes a surtax of 5% on all imported goods that are produced or manufactured in Zambia. The surtax was meant to encourage local sourcing of inputs for the manufacturing sector in order to reduce the cost of production.  
Resolution status note: Zambia and Kenya held a bilateral meeting during the 5th TFTA focal points meeting held in Nairobi in August, 2019. Zambia informed Kenya that the measure is under review and has also affected domestic companies and therefore does not violate the national treatment principle. Thus it should not be reported as an NTB.  
NTB-000-911 8.1. Government Policy and regulations
Policy/Regulatory
2019-10-15 Zambia: All Zambia Weighbridges Zimbabwe Resolved
2020-07-10
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Complaint: Zambia applies 0% tolerance on Gross Weight at all Weigh Bridge Stations when all the other counties on the North – South Corridor allows 2 – 5% tolerance on Gross Weight as allowance for weigh bridge weight variances, since weigh bridges give varying weights at any given time which results in fining transporters unnecessarily. The expectation is that Zambia should apply a 2% tolerance on gross weight thereby removing the current challenge faced by foreign operators in the country.  
Resolution status note: During the 8th Meeting of NTBs Focal Points held on 8- 10 July 2020, Zambia reported that it applies a 5% tolerance on Gross Weight at all Weigh Bridges. Zimbabwe needs to clarify whether they are still experiencing challenges. If not it should be considered resolved  
NTB-000-931 7.3. Corruption 2019-11-26 Zambia: Mazabuka Resolved
2020-06-24
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Complaint: Zambia Police (not RTSA) often demand first aid kits from Heavy Goods Drivers. As outlined in Roads and Road Traffic Act, Chapter 464, Third Schedule (Regulation 17), this is NOT a requirement for a HGV, but rather for a passenger omnibus or taxi (vehicles carrying passengers for reward). As best practice and as required by some customers, a few HGV operators do place sealed first aid kits in the cabs of the trucks. ZP then break the seal and claim the kit is incomplete.  
Resolution status note: On June 24 2020, Zambia Focal Point reported that the complaining company had confirmed that this problem was no longer an issue therefore it id resolved  
NTB-000-932 8.1. Government Policy and regulations 2019-12-04 Zambia: Ministry of Transport Zimbabwe Resolved
2020-11-10
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Complaint: Zambia Proposed legislation to restrict foreign registered Road Freight Transport Operators from loading cargo into and out of Zambia violates the provisions of the SADC Protocol, particularly:
1.1 Section 5.1 which calls for the development of a strong and competitive road transport industry which provides effective transport services to consumers. Clearly the introduction of quotas is anti-competitive;
1.2 Section 5.2 calls for equal treatment, non-discriminatory, reciprocity and fair competition. As already pointed out the proposed legislation is discriminatory and anti-competitive;
1.3 Section 6 in which a Zambia/Zimbabwe Joint Route Management Group forum exist but apparently has been ignored by the Zambian authorities who have chosen to introduce the proposed legislation without the courtesy of discussion using the established channels.

The transporters see a backlash from regional countries if this comes to pass and we will soon see cargo staging/transfer points arising at border posts as pressure from regional transport operators mount on their respective Governments to implement similar regulation.
 
Resolution status note: On 10 November 2020, Zimbabwe Focal Point reported that this issue is one of proposed legislation which is not in force and still under consultation. Other Countries in the region are implementing similar provisions which in our view should be the ones reported as NTBs. Foreign Transporters are not experiencing any challenges in Zambia with respect to this particular complaint.  
NTB-000-937 8.1. Government Policy and regulations 2020-01-26 Zambia: Chirundu Zimbabwe Resolved
2020-01-30
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Complaint: Lamcast Refractories is a Manufacturing Company located in Redcliff, Zimbabwe. On the 26th of January 2020 we had an export to Zambia, transported via Chirundu border post. Upon arrival at the border our driver was advised through our clearing agent that the consignment needed a cross border permit.
Prior to the trip we had been advised by the VID in Zimbabwe and the Ministry of Transport that the vehicle that we are using is too small (5ton truck), and does not require a cross border permit because of its size and we were further advised that since the truck has yellow number plates it does not require a cross border permit. We were also advised that a cross border permit is issued to 15ton trucks and above of which our truck is a 5ton truck
Our driver has been at border since Sunday the 26th of January 2020 and up today 28/01/20 he has not been cleared on the Zambian side.
The driver had a hard time on both sides of the border because of the issue of the required cross border permit. What we were advised on the ground is different from what was encountered at the border.
May you kindly assist us on the way forward.
We have been exporting to Botswana via Plumtree border post since 2016, and we have never been asked to produce a cross border permit. The exports are being done using the same truck that we are using in Zambia.
 
Resolution status note: Zimbabwe Focal Point reported that, the exporter took advice from Zambia Focal Point to seek assistance of Zambian Authorities at Chirundu border post who assisted him. The matter was therefore resolved.  
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