Non-Tariff Barriers

Complaint

Complaint number

NTB-000-518  

NTB Type

8.8. Issues related to transit  

Complaint

This complaint is registered by FESARTA.
The South African Cross-Border Road Transport Agency is wanting to fine trucks for not having road transport permits for the complete trip from Durban to the DRC.
In terms of the bi-lateral transport agreement between Zimbabwe and South Africa, Zimbabwe had issued a permit to a transporter for the Durban-Zimbabwe leg of the trip.
Zimbabwe could not issue a bi-lateral permit all the way to DRC because there is no bi-lateral transport agreement between Zimbabwe and DRC.
Both Zimbabwe and DRC are members of COMESA and therefore Zimbabwe was able to issue a COMESA PTA Carriers Licence to the transporter, to operate between Zimbabwe and the DRC.
Thus, effectively, the transporter had permits to cover the complete trip from Durban to DRC.
The fact that neither the CBRTA nor Zimbabwe could issue a single permit for the full trip, was not the fault of the transporter.
The CBRTA should be facilitating trade between the three countries and not be trying to find any opportunity to fine transporters.  

Status note

FESARTA reported that the NTB does not exist at present.  

Progress update note

On 25 September 2012, SADC Secretariat confirmed that COMESA, EAC and SADC,are developing a multilateral cross border road transport agreement that will interalia, resolve the third country rule restrictions. This will take time as it involves three RECs. However in the interim there is nothing to stop DRC, Zambia, Zimbabwe and RSA from developing an interim corridor based arrangement to facilitate the movement of truckers. The SADC Transport Protocol allows for this and SADC Secretariat will be happy to facilitate such a move. Please refer to SADC TCM Articles 5.3 (6); (7 b) and 5.4 (f).  

Policy or regulatory NTB

No 

Location

South Africa: Durban sea Port (Seaport)  

Reporting Country or Region

South Africa  

Country specific trade issue

No  

Date of incident

2012-07-09  

Status

Resolved  

Date of resolution

2016-10-07  

Product Description

All products

Computer-assisted translation

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Total value

0  

Date reported

2012-07-18 20:17  

Modified

2016-10-13 09:09