Active complaints

Showing items 1 to 20 of 95
Complaint number NTB Type
Category 1. Government participation in trade & restrictive practices tolerated by governments
Category 2. Customs and administrative entry procedures
Category 5. Specific limitations
Category 6. Charges on imports
Category 7. Other procedural problems
Category 8. Transport, Clearing and Forwarding
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COMESA
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COMESA
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 Actions
NTB-000-977 2.3. Issues related to the rules of origin 2020-08-10 Ethiopia: South Africa New View
Complaint: Requirement to submit Certificate of Free sale for Grain products such as cereals, baked goods etc  
NTB-001-048 3. Technical barriers to trade (TBT)
B31: Labelling requirements 		2022-01-03 Tanzania: Standards Authority South Africa New View
Complaint: Vague Labelling requirement "Statutory Warning" Clause 12 (k), rejection of the UK Chief Medical Warning which is accepted in other African countries such as Uganda, Kenya without any objection in addition to their requirement.  
Progress: The stakeholder consultative meeting organized by the SADC Business Council which was attended by the concerned parties from South Africa and Tanzania and SADC Secretariat on 7 march 2022, agreed that the UK Chief Medical Officers Guidelines labelling should be retained (The UK Chief Medical Officers recommend adult do not regularly drink more than 14 units per week) provided that the Wine producer affixes an additional sticker which covers all missing information on the product package.
The additional sticker (label) should be legibly and indelibly marked.
The additional sticker should be submitted to the Tanzania Bureau of Standards for approval accompanied by the declaration letter from the Manufacturer stating that additional label originating from them and products imported in Tanzania will be labelled as such. 		 
NTB-000-957 5.8. Embargoes 2020-05-13 Kenya: Mombasa sea port South Africa New View
Complaint: Clause 16 of the Government Gazette Notice No. 3530, ban the Bounded Houses where goods are stored until cleared on duties.

With reference to our discussion earlier on the Gazette by Kenya Government for cessation of warehousing of goods including wine.

The timing of the gazette could not have come at a more terrible time. As we all know Covid 19 has had a crippling effect on business globally and economies especially Tourism in Kenya. With the current closure of all camps, lodges, hotels, restaurants pubs and eateries, importers have seen a huge dip in sales of wine as the whole food and beverage industry has been shut down. With no end in sight on the pandemic, this puts added pressure on importers to pay for goods upfront when they simply do not have the cash at the moment. Kenya has also set specific rules on minimum duty payable - so for a 20ft container that is 3 million shillings or $30000.So if an importer is bringing in multiple containers monthly as most importers do , the cash flow required it just simply not feasible because they are operating on very low revenue at the moment.

I think what importers and exporters seek is clarity on this gazette, what was the rationale and was there industry consulted?

Does this mean come mid- August, all goods must be duty paid and are goods imported now can still go on bond and what happens to goods that are all currently in bond.

I also would like to bring to your attention the following implication for South African wine exported to Kenya.

1. Cashflow challenges for traders with upfront payment
2. Unfavourable trade terms which will impact on trade relations.
3. Delays in delivery of products due to readiness of the Custom Officials of efficiently enforcing the new rule without glitches.
4. Cross Border of illicit products

I therefore request your intervention in tabling these concerns and proposal for exemption of South African wine from the rule
  
Products: 2204: Wine of fresh grapes, including fortified wines; grape must other than that of heading 20.09.  
NTB-001-090 8.8. Issues related to transit 2022-10-19 Zambia: Katima Mulilo Namibia New View
Complaint: Issuance of exorbitant transit permit fees by the Zambian Government went up from K3700 to K11200 and is only imposed at the Katima Mulilo Border post and not at any other borders around Zambia. The Permit was supposed to only apply to those entering Zambia for the purpose of doing business and not those in transit such as drivers transporting the goods through/via Zambia. the permit is therefore deemed to be discriminatory (no other SADC/COMESA countries are imposing a similar measure)and, the permit hinders the movement of goods as truck drivers are delayed in trying to source money to fund the permit.  
NTB-001-103 2.13. Issues related to Pre-Shipment Inspections 2019-02-01 Botswana: Pioneer Gate South Africa New View
Complaint: Since 2019, goods exported from S. Africa to Botswana require additional certification from a Certified Accreditation Body ( see attached ) This is now over and above documentation from an ILAC accredited test house that has always been acceptable in the past.
This is an additional cost that must be passed on the consumers ( inflationary aspect )
Measures such as this are puzzling as they are not in the spirit of the African Continent Free Trade Agreement and actually restrict the free flow of goods
It is a questionable move as with Botswana being a member of SACU, the country relies on S. Africa to disburse shares of import duties collected at S. African ports 		 
NTB-001-001 1.14. Lack of coordination between government institutions 2021-01-19 Namibia: NRST Head Office / Innovation Hub Cnr, Louis Raymond & Grant Webster Street Private Bag 13253 Windhoek Tel: +264 61 431 7000/99 Fax: + 264 61 216 531/+ 264 61 235 758 Email: info@ncrst.na South Africa New View
Complaint: 1. GMO thresholds - Namibia is 1% and South Africa is 5%

2. The above then has implications on what should be labeled.

3. The prescribed GMO wording is also different

4. Namibia also requests additional information from the rights owner (GMO Tech developers), which users do not have in South Africa.

All of this adds up to South African manufacturers/exporters being unable to meet the application requirements, thereby not obtaining the required import permits.

CGCSA members revised applications 3 times, but were still unable to complete the applications to the specifications expected.
  
Progress: 1. On 12 October 2021 , Namibia Focal Point reported that they will consult the relevant authorities and submit feedback as soon as possible.
2. On 31 March 2022,Namibia Focal Point updated as follows:
Namibian GMO labeling regulations (0.9%) – Vs 5% for South Africa. The Namibian Biosafety regulations (No 6116), 2016 Biosafety Act No. 7 of 2006, were developed nationally through a consultative process, taking into account trading partners with different labeling requirements. As per the Biosafety regulation (17) (c), 2016, exemptions to genetically modified food or feed labeling requirements:
“any processed food or feed including one or more substances produced through genetic modification, subject thereto that the genetically modified food or feed in the aggregate does not account for more than 0.9 percent of the processed food or feed or such other percentage or quantity as the Council may from time to time determine”;
This part of the regulations ‘labeling requirements’ will remain in place until such a time the regulation is amended 		 
NTB-001-106 6.5. Variable levies 2022-07-05 Zimbabwe: Zimbabwe Revenue Authority Zambia New View
Complaint: Zambia exports into Zimbabwe on beverages attracts additional duty of $ 0.05/Litre.Lengthy Compliance processes, Multiple agency approvals and complex certification requirements further discourage sincere exporters as these layers increase the product turnaround time and further increase RTM cost and delivery time.
For example: - COC, Inspection, Route plan B, Importer licenses & various agency registrations (Multiple window clearance, COMESA certificate) 		 
Progress: 1. During the NTBs workshop 17th - 19th April 2024, NFPs for the two countries agreed to hold a virtual bilateral meeting in April to discuss NTBs affecting both counties and this issue will form part of the Agenda.
2. On 17 April 2024, Malawi Focal Point reported that they were following up with the agencies involved in this issue to resolve the NTBs and gave assurance the this issue was being discussed at length and feedback on the outcomes of the consultations would be provided as soon as possible.
3. During the 10th Meeting of the TTFSC held on 2 – 4 July 2025, Zimbabwe updated the meeting that national consultations and engagements with Zambia towards the resolution of the outstanding NTBs were ongoing. Zambia confirmed the engagement with Zimbabwe and the Secretariat will be updated on the outcomes from the consultations. 		 
NTB-001-023 8.1. Government Policy and regulations 2021-07-26 Democratic Republic of the Congo: The DRC government. Ministry of Transport South Africa New View
Complaint: The DRC has just published legislation prohibiting foreign vehicles from loading mining products and to remove (export) them from the DRC. The unofficial translation of the new DRC amendment:Article 4-It is strictly forbidden for any vehicle not registered in the Democratic Republic of Congo to load goods, in this case mining products from the national territory; In the event of violation of the above paragraph, the goods are immediately unloaded at the shipper's risk.

According to an unofficial translation of article four of the amendment affecting the DRC's road freight sector, "it is strictly forbidden for any vehicle not registered in the DRC to load goods, in this case mining products, from the national territory”.

The article continues, saying "in the event of violation of the above paragraph, the goods are immediately unloaded at the shipper's risk”. The decision is expected to have a wide-ranging impact on exports out of the DRC's Copperbelt region, with some transporters going so far as to say that it's wholly impractical and a protectionist strategy that is bound to boomerang against the government in Kinshasa. 		 
Progress: The issue is about the possible NTB that could arise from the implementation of the act. and therefore for now we dont have proof that it caused NTB  
NTB-001-152 8.8. Issues related to transit 2024-02-07 Tanzania: Dar-es-Salaam Port Zambia New View
Complaint: All the Private Inland Container Depot Operators at Dar Port are refusing to discharge the vessel Ladonna MV for onward delivery of shipment to Zambia and DRC. Private Inland Container Depot Operators that were willing to discharge the vessel have been threatened by trading competitors to the current vessel owner/trader who is a new entrant in the regional market with total loss of current business if they discharged this vessel Dar Port. This is a clear violation of the WTO-TFA (World Trade Organization Trade Facilitation Agreement), AU (African Union), Comesa/SADC Regional protocols and agreements as well as individual Bi-lateral agreements relating to Trade Facilitation. Zambia has worked hard to secure this business to supply chemicals to the World Largest Copper Producer DRC in order to boost regional exports and promote continental economic growth. However, the private sector in Tanzania are now blocking these efforts despite the government working so hard to restore Dar Ports Image as the preferred port of choice on the Eastern Coast of Africa. These actions have potential to make serious negative impact to all 3 countries Tanzania, Zambia & DRC and overall the African Continent and therefore should be addressed to minimize the high costs of doing business.  
Products: 2503: Sulphur of all kinds, other than sublimed sulphur, precipitated sulphur and colloidal sulphur.  
NTB-001-167 5.5. Import licensing requirements 2024-05-16 South Africa: All border crossings by road, air or sea Namibia New View
Complaint: Nakara (pty) , a Namibian company formally requests a dispensation from the South African Veterinary (SA VET) import permit required for imports of Namibian finished leather. Nakara (pty) Ltd, a Namibian tannery, has maintained an unblemished record and has never been implicated in any wrongdoing in the past. However, due to the current regulatory framework, we find ourselves inadvertently impacted by the necessity of the SA VET import permit on Namibian leather exports. It is important to note that no other country imposes such a requirement on imports of finished leather into South Africa. South Africa is Nakara's biggest export market and the aforementioned unnecessary NTB puts Nakara into a competitive disadvantage. A disadvantage that hinders further growth in the trade relationship between Namibia and South Africa in the leather sector, both being members of the SADC region.  
Products: 4107.99: Leather "incl. parchment-dressed leather" of the portions, strips or sheets of hides and skins of bovine "incl. buffalo" or equine animals, further prepared after tanning or crusting, without hair on (excl. unsplit full grains leather, grain splits leath  
NTB-001-180 1.15. Other 2024-06-17 South Africa: Maseru Bridge Lesotho New View
Complaint: MG Health Ltd cultivates and manufactures cannabis products for the European market. We started exporting Cannabis and transiting via Maseru Bridge since September 2020. On the 17 July 2024, after getting all export documents and submitting them to SARS on the South African side we were informed that Cannabis cannot be exported via Maseru Bridge as it not amongst designated ports according to South African law. MG Health's truck was then returned to Lesotho.
MG health initiated Meetings thereafter and the response that MG Health received was that this practice that MG Health and others who are in the same industry are accustomed to was a measure adopted during COVID-19 restrictions. It was explained to SARS that Lesotho is landlocked as a result the consignment will have to be flown out to get to OR Tambo. Secondly, given the quantities that are exported, using available flights will require multiple flights for just one consignment thus making the export process difficult and expensive. SARS response was that Medical Cannabis must be exported using designated ports irrespective of whether it is in transit or it is being exported to SA as the SA law is very clear on this matter and MG Health cannot make reference to Article 16 SACU Agreement. 		 
Products: 5302.90: True hemp "Cannabis sativa L.", processed but not spun; tow and waste of hemp, incl. yarn waste and garnetted stock (excl. retted hemp)  
NTB-001-191 1.15. Other 2024-05-20 South Africa: Ficksburg Bridge Lesotho New View
Complaint: I am writing on behalf of Mind Health, a Lesotho-registered company actively engaged in the research and development of medicinal products. We are currently collaborating with the University of the Free State (UFS) in South Africa to conduct studies on one of our products. This relationship is critical for advancing our work in the medicinal sector, a key area of growth for Lesotho.

However, we have encountered significant challenges due to the implementation of Section 4.8 of the Guideline for the Importation and Exportation of Medicines (Regulatory Compliance Unit) by SAHPRA. The guideline requires the use of specific ports of entry, namely Cape Town, Port Elizabeth, Durban, and OR Tambo International Airport, for the export of medicines. Consequently, we are prohibited from using more practical and geographically closer border posts such as the Maseru Bridge or Ficksburg Bridge.

Given Lesotho's landlocked nature and the fact that the University of the Free State is only 227 km from our facility, this regulation has drastically inflated the cost of exporting small quantities of medicinal samples. For instance, we are now compelled to fly samples from Maseru to OR Tambo, have them cleared by customs, and then transport them by road back to the university—a total of 424 km. What would have cost us a few hundred rand using nearby border posts now costs several thousand rand. Additionally, this significantly increases shipment times, delaying our research and impacting the efficiency of our studies. 		 
NTB-001-193 3. Technical barriers to trade (TBT)
B14: Authorization requirements for importing certain products 		2023-12-10 Botswana: Instructions provided to the Rwanda's commercial agent based in Botswana Rwanda New View
Complaint: Requirement by Botswana authority in charge of food imports that Rwanda needs to provide a " Free Sale certificate" prior to exporting coffee to Botswana. The issue is that such certificate is not required in 20 countries where Rwanda is exporting coffee globally. In addition, there is no institution in Rwanda that issues such certification.  
Products: 0901: Coffee, whether or not roasted or decaffeinated; coffee husks and skins; coffee substitutes containing coffee in any proportion.  
NTB-001-200 2.4. Import licensing 2024-07-16 Zimbabwe: Ministry of Trade Malawi New View
Complaint: In June 2024, a member of Malawi Confederation of Chambers of Commerce and Industry, Nuline Textiles Blanket Manufacturers Limited, entered into an agreement with a Zimbabwean company, Middlefield Investment Pvt. Ltd, to supply them with blankets.
Starting on July 11, 2024, Nuline Textiles Blanket Manufacturers Limited completed all the necessary procedures in Malawi to facilitate the export of blankets to Zimbabwe under the COMESA trade agreement to ensure they would receive preferential treatment. On July 16, 2024, the Export Bill of Entry No. E 3645 (dated July 15, 2024) was released by Customs in Malawi, and the consignment was loaded onto Truck No. NE 10666 / NE 10702.
However, on the same day, just as the truck driver was about to depart, Nuline Textiles received a call from their client in Zimbabwe, instructing them to hold off on the shipment. The following day, the client, Middlefield Investment Pvt. Ltd, informed Nuline Textiles that the blankets required an import permit or license, which the client had not yet obtained. They assured Nuline Textiles that they were working to secure the permit as quickly as possible.
On July 18, 2024, Middlefield Investment Pvt. Ltd requested additional time to work on obtaining the import license and asked Nuline Textiles to offload the truck and return the blankets to their warehouse.
As of today, the import license has still not been secured. 		 
NTB-001-226 1.1. Export subsidies 2024-11-20 Lesotho: Maseru Bridge Lesotho New View
Complaint: Samples being sent by road-freight to South Africa for testing at an accredited laboratory were refused passage.
Company was informed that the only way to send the samples for testing was to send via air. The challenges are that bulk orders do not fit on an Airlink flight and therefore would require a specific mode of chartered transport .This increases costs significantly and could potentially be the cause that orders are cancelled 		 
NTB-001-228 2.8. Lengthy and costly customs clearance procedures 2025-01-16 Tanzania: Tanzania Revenue Authority Ministry of Minerals Zambia New View
Complaint: Tanzania Revenue Authority has introduced a new system for copper imports whereby the Ministry of Minerals must stamp the export permit. Only once this is done can the assessment be completed and the vehicles cross the border (Nakonde/Tunduma) to Tanzania. Once the vehicle is on the Tanzania side, the Ministry of Minerals must stamp the assessment. After the assessment is stamped, it must be scanned to the TRA HQ in Dar es Salaam for approval. The Approval is then scanned back to the border, and the T1 can be generated and the vehicles cleared for movement. This is time-consuming and leads to further congestion at this border post, where containerised cargo to Zambia takes a fortnight to cross between Tunduma and Nakonde.  
NTB-001-229 1.14. Lack of coordination between government institutions 2025-01-16 Madagascar: other Tunisia New View
Complaint: The Tunisian company "Société des Boissons du Cap Bon" has entered into a partnership with a Madagascan distributor, "4 Seasons", represented by Mrs. Safa Hamdi, for the distribution of its products, in particular juices, soft drinks and cheeses. The Tunisian company agreed to an annual forecast of 12 to 15 containers and in return granted the distributor exclusive rights to distribute its products on the Madagascan market.

The Tunisian company began working with this distributor with a first shipment on March 23, 2024, consisting of a total of four containers: three of juice and one of cheese. Attached are photos of the "Délice" brand products distributed by 4 Seasons in gas stations, supermarkets and traditional markets. Our distributor has also made considerable efforts to promote the products through sponsorship campaigns, urban billboards and a strong digital presence, demonstrating its commitment.

However, the Tunisian company encountered a problem: a company called IBC, which we understand is in the construction business and is neither a distributor nor a juice producer, registered the "Délice" brand in Madagascar under the name "Délice de Fruit" using our logo. It has since contacted the distributor of the Tunisian brand to try to persuade it to work with IBC using its trademark registration.

It should be noted that the "Délide de Fruits" trademark has been registered with the African Intellectual Property Organization (OAPI) since December 2022 and with the National Institute for Standardization and Industrial Property (INNORPI) since 2006, 2019 and 2022 (all documents are attached). 		 
NTB-001-231 2.6. Additional taxes and other charges 2024-12-12 Tanzania: Immigration Rwanda New View
Complaint: Illegal fees on Rwandan nationals crossing into Tanzania more than three times a month.$100 is charged on Rwandan nationals crossing into Tanzania more than three times a month, this was identified by the Central Corridor Team during a survey from Rusumo to Dar es Salaam port.  
Progress: During the 38th RMC, Tanzania informed the meeting that the fee is not illegal, but it is a special pass paid once in 90 days to all EAC Citizens. However, if the person exits URT within 90 days and wants to re-enter URT the person will again be charged $100.
The meeting agreed that the matter be referred to the Regional Implementation Committee on the Common Market Protocol for further discussion and resolution 		 
NTB-001-253 8.8. Issues related to transit 2025-05-11 Zimbabwe: Nyamapanda South Africa New View
Complaint: While in transit from BBR to Nyamapanda with a load destined for Malawi, our truck had to divert off the predetermined statutory route through Harare due to roadworks/congestion by no more than 400m. The Zimra tracking seal picked up this diversion and thus, we have been punished with a $2000 fine we which feel is incredibly excessive, especially with proof that the truck was not stationary at all while off-route. This punishment does not seem to fit the crime.  
Progress: On 02 February SADC Secretariat facilitated a bilateral meeting between South Africa and Zimbabwe. Zimbabwe committed to consider the issue as per the attached documents which give more clarity to the reported NTB. Zimbabwe to provide response by Friday 06 February.  
NTB-001-265 8.8. Issues related to transit 2025-06-03 South Africa: Lebombo South Africa New View
Complaint: In relation to Complaint NTB-000-632, "Copper Moon Trading, the company that is running the Lebombo dry port at Komatipoort, near the Lebombo/Ressano Garcia border post, is forcing transporters to use and pay for its parking facilities in Komatipoort. Transporters' vehicles are required to visit the SARS customs clearing offices at the Lebombo dry port and so parking should be provided for them, free of charge, by SARS.
If parking is not provided, then trucks must be allowed to park along the roadway."

The complaint was resolved in 2016, is this still the case? Attached is a receipt.
  
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