Incorrect Rumours Regarding Customs & Import Permits
by Vusi Ngcobo
There is a video currently making rounds in the social media. I got it through one of my WhatsApp contacts. In the video, there is a gentleman who appears to be Traffic policeman, wearing a uniform and a reflector jacket. Above his head it is written words that say “Customs/Import permits.
The video audio is about a case I am very familiar with involving a matter of a vehicle that was seized by SARS in 1999 in Free State. The vehicle had a Lesotho registration number and was suspected to be driving illegally in South Africa.
Long story short, the gentleman is “informing” the public about a dismissed case that was brought before the appeals court by SARS. The case involved a person who was driving a Lesotho registered vehicle in South Africa.
Customs according to this gentleman had stopped the vehicle requesting for an import permit. He further state that the decision of the court case was that if you are driving a vehicle registered in one of the SACU countries, you do not need import permits.
Court decision:
I have looked at the actual court decision when it was made because I had a great interest in the matter for obvious reasons. I have always believed that SACU registered vehicles should move freely within South Africa because there is currently no legislation preventing such movement. The Customs and Excise legislation only requires vehicles from outside SACU to produce temporary import permits when entering South Africa.
In the J.A.O.F. ALVES vs COMMISSIONER: SOUTH AFRICAN REVENUE SERVICE and another: Case number 3544/2019 the court however did not make a finding about the requirement or non-requirement of the permits as being purported by this gentleman.
In paragraph 6 of the judgement, the courts say the following:
“[6] It is important to emphasise what the court did not find.
6.1 The court did not find that the detention of the vehicle was illegitimate, unreasonable or arbitrary but for the further and continued detention after the order a quo.
6.2 The court did not find any illegal conduct perpetrated by SARS or any of their officials nor by the SAPS or any of their officials.
6.3 The court did not rule that the conduct of the Respondent was proper and legal or condoned it in any manner. The effect of the ruling of the court a quo does not exclude criminal prosecution of the Respondent.
6.4 The court did not rule against any future action by SARS to seize and order forfeiture of the vehicle in accordance with the law and to serve justice and the administration of justice.”
From the above, we can already see that the statement made by this gentleman and some media houses is factually incorrect.
Also very important is what the court says in paragraph 11 of the judgement. There is says the following:
“[11] The judgment a quo did not amend the law in any form or manner. It merely, on the facts that prevailed, found the period of the detainment of the vehicle for investigations to have been delayed to such an extent that it affected the section 25 - constitutional right of the Respondent. The issue is not significant to the extent that it will have any future effect on the law or the administration of justice and application thereof and the matter is not complex. I am thus satisfied that a decision on the merits of the appeal will have no practical effect and the matter became moot when the Appellants seized the vehicle as being subject to forfeiture.”
The reason I am writing about this matter is because of the factually incorrect rumour that is doing the rounds and distorting the correct facts as given by the court. We can see therefore that the only reason the court threw out the SARS appeal is solely because of the delays by SARS to investigate and finalize the matter. The court said nothing about the permits on vehicles from SACU no longer being needed. This therefore means that SARS could still stop these vehicles and do whatever they need to do.
It is also important that people should appraise themselves with facts before making misleading statements on social media especially when they come across as people of authority in uniform. People are likely to listen to such people and believe their misleading information.
For factually correct advice on Customs and International trade matters, talk to a reliable source. Talk to Mageja Customs Consulting.
Yours in Customs,
Vusi Ngcobo.
Director, Mageja Customs Consulting.