Non-Tariff Barriers

Complaint

Complaint number

NTB-000-535  

NTB Type

8.1. Government Policy and regulations  

Complaint

This complaint is registered by the Road Freight Association.
The South African Cross-Border Road Transport Agency is requiring cross-border permits for two vehicles to take one load from South Africa to Namibia.
One permit is required to take the load from Johannesburg or Cape Town to Upington, and another permit to take the load from Upington to Namibia.
The Truck taking the load from Johannesburg or Cape Town to Upington should not require a cross-border permit, since the transport is being done wholly in South Africa.
The CBRTA quotes the following excerpt from the Act: "“cross-border road transport” means the transport of passengers for reward or the transport of freight to or from the Republic crossing or intending to cross its borders into the territory of another state or in transit across the Republic or the territory of another state with a vehicle on a public road; (xv)"
If this clause means that two permits are required, then the clause must be changed.
In the meantime, a moratorium to remove the requirement for two permits, must be put in place.  

Status note

On 10 April 2014, Namibia Focal Point reported that the explanation provided by South Africa Focal Point confirming that CBRTA was acting within the legal framework was adequate evidence to have this NTB resolved. This NTB is therefore resolved on the grounds that the CBRTA action was legal.  

Progress update note

1. During the 11th meeting of the SADC Sub -Committee on Trade Facilitation held on 23 May 2013 in Gaborone, South Africa report that the NTB had been forwarded to a relevant institution in that country SACBTA, and that a response was still awaited.

2. On 9th September 2013, South Africa Focal point reported feedback from SACBTA advising that , the Cross-Border Road Transport (C-BRTA) Amendment Act, 2008 defines cross-border road transport as “the transport of passengers and their personal effects or freight for reward or [the transport of freight] in the course of an industry, trade or business, to or from the Republic, crossing or intending to cross its borders into the territory of another state or in transit across the Republic or the territory of another state with a vehicle on a public road;’’

The Act requires that: If a vehicle leaves from a point within the Republic of South Africa with a load and is stopped by a Road Transport Inspectorate official, and the invoice of the goods in the vehicle indicate that it is destined to be delivered in a neighbouring country, the operator is required to be in possession of a cross-border permit in terms of the definition of cross border road transport. The definition deals with freight intending to cross the border.
It should be noted that the proposal that a clause or public policy requirement should be put on moratorium or repealed cannot be accommodated. The act is very clear on the intention to move the goods out of the Republic territory as per the Invoices supplied by the Operators. As a control measure, the invoice of the good, stating the intended final destination, forms part of the Cross Border Permit.
Therefore, the C-BRTA inspectors had acted within the parameters of the C-BRTA Act of 2008.  

Policy or regulatory NTB

No 

Location

South Africa: Vioolsdrift (Border post)  

Reporting Country or Region

South Africa  

Country specific trade issue

No  

Date of incident

2012-10-12  

Status

Resolved  

Date of resolution

2014-04-10  

Product Description

All products

Computer-assisted translation

• English
• Arabic
• French
• Portuguese

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Total value

0  

Date reported

2012-10-12 11:14  

Modified

2014-04-11 06:45