Resolved complaints

Showing items 361 to 380 of 855
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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Date of incident Location
COMESA
EAC
SADC
Reporting country or region (additional)
COMESA
EAC
SADC
Status Actions
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-000-671 8.8. Issues related to transit 2015-04-08 Mozambique: Beira Resolved
2016-09-13
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Complaint: Mozambique Police in Beira issued a ticket or fine for 50,000 metical or US $1500 to the driver of a Zimbabwe registered vehicle AC 5376 owned by Suncrest Transport for supposedly violating the third country rule by collecting a load in South Africa, transiting Zimbabwe and delivering or offloading in Beira, Mozambique and this route not being covered by a cross-border permit.

The fine or ticket issued referred to Article 102 of the Road Traffic Act (Places in which Pedestrians may walk) and is not related to the offence, also the fine or ticket does not specify the nature of the offence and only refers to the detention or removal of documents as per Article 122 of the Road Traffic Act (see attached ticket).

The cross-border permits for the subject vehicle (AC 5376) and attached hereto confirm that the vehicle was authorized to use this route and therefore was improperly fined by the Mozambique Police.

This is harrasment of the driver and the action required is the revoking of the fine.
 
Resolution status note: On 13th September 2016, FESARTA advised that the transporters were no longer facing this barrier so the NTB is resolved.  
NTB-000-639 8.1. Government Policy and regulations
Policy/Regulatory
2014-08-25 South Africa: Beit Bridge Democratic Republic of the Congo Resolved
2016-09-13
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Complaint: This complaint is registered by FESARTA.
The Director, Department of Immigration and Citizenship, South Africa, has instructed that, due to the outbreak of the ebola virus in DRC, no DRC citizens may enter South Africa until further notice.
See the attached notice.
Whilst it is accepted that the outbreak of the ebola virus is a serious issue, the transport industry recommends that other preventative measures be taken at the borders, rather than stop DRC citizens from entering the country?
 
Resolution status note: On 13th September 2016, FESARTA advised that the transporters were no longer facing this barrier so the NTB is resolved.  
NTB-000-633 8.8. Issues related to transit
Policy/Regulatory
2014-05-28 Mozambique: Dondo South Africa Resolved
2016-09-13
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Complaint: This complaint is registered by FESARTA.
The traffic authorities at Dondo, near Beira, are harassing foreign drivers over the documents that the drivers carry.
Of particular note is the vehicle registration document for South African vehicles.
The registration document (RC1) shows the vehicle register number, but not the licence plate number. The authorities want the licence plate number to be shown on the document, and are issuing fines for it not being shown.
The South African licence receipt document (LCO) shows both the register number and the licence plate number. This links the vehicle to the registration document. But the traffic authorities do not accept this.
Another driver, this time from Zimbabwe, received a fine because of alterations to the vehicle registration book. The alterations had been done by the Zimbabwe authorities and stamped by them. But this was not acceptable to the Mozambique authorities and a fine was issued.
It has become clear that the authorities at Dondo generally harass foreign drivers.
This does not encourage good relations between countries and does not facilitate intraregional trade.
The Dondo traffic authorities must be trained in trade facilitation matters and not harass drivers unnecessarily.
 
Resolution status note: On 13th September 2016, FESARTA advised that the transporters were no longer facing any harrasment so the NTB is resolved.  
NTB-000-632 8.8. Issues related to transit 2014-05-23 South Africa: Lebombo South Africa Resolved
2016-09-13
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Complaint: This complaint is registered by FESARTA.
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.
This instruction is supported by the Komatipoort municipality.
Attached are invoices for this parking and a "ticket" for a truck not parking in the identified facility.
As with the situation at the Tunduma/Nakonde border post between Tanzania and Zambia, private companies, supported by the municipalities, cannot force transporters to use their parking facilities.
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.
 
Resolution status note: On 13th September 2016, FESARTA advised that the transporters were no longer facing this barrier so the NTB is resolved.  
NTB-000-600 8.1. Government Policy and regulations 2013-07-17 South Africa: Durban sea Port SADC Resolved
2016-09-13
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Complaint: This complaint is registered by FESARTA.
The South African Cross-Border Road Transport Agency (CBRTA) is fining transporters for transporting goods from Gauteng to Durban without a cross-border permit. The fine is R2000 (USD200) per truck.
The goods are being transported from Botswana and offloaded in a warehouse in Gauteng, South Africa.
The goods are then re-loaded on to different vehicles and transported to Durban.
The vehicles transporting the goods from Botswana, have cross-border permits.
There should be no reason for vehicles transporting goods from Gauteng to Durban to have cross-border permits, even though the goods come from Botswana. The transportation is wholly within South Africa and on South African vehicles.
See NTB 535/6 for a similar complaint.
 
Resolution status note: On 13th September 2016, FESARTA advised that the transporters were no longer facing this barrier so the NTB is resolved. The explanation from CBRTA was acceptable to FESRATA  
NTB-000-576 8.1. Government Policy and regulations
Policy/Regulatory
2011-04-16 South Africa: Pretoria South Africa Resolved
2016-09-13
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Complaint: This complaint is registered by FESARTA.
In 2011 the Cross-Border Road Transport Agency, raised its cross-border road transport permits by up to 600%.
Not only was this increase unjustified, but it was done without negotiation with the road transport industry.
The resultant costs are also out of line with the costs for road transport permits in other countries.
FESARTA sent a letter (attached) to the Minister of Transport in South Africa, copied to SADC, but no response was received.
The South African Road Freight Association (RFA) has taken legal action against the increases.
The resultant permit fees put unecessarily high increases on the costs to transport goods to landlocked countries.
This is against trade facilitation.
 
Resolution status note: On 13th September 2016, FESARTA advised that the transporters were no longer facing this barrier so the NTB is resolved.  
NTB-000-566 8.6. Vehicle standards
Policy/Regulatory
2013-02-12 Botswana: Pioneer Gate South Africa Resolved
2016-09-13
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Complaint: This complaint is registered by FESARTA.
The Botswana traffic authorities at Pioneer Gate, are applying outdated overall vehicle width and overall vehicle height limits. The are applying maximum 2.5m width and 4.1m height.
For many years, SADC has recommended 2.6m width and 4.3m height.
Most of the countries in the Southern African region, have 2.6m and 4.3m, and so the vehicles are built to suit these dimensions. They cannot be reduced to 2.5m and 4.3m without major structural alterations.
Furthermore, the 2.6m width was set so that an ISO shipping container, which is 2.4m wide, can be loaded onto a trailer that has sideboards. This cannot be done on a trailer that is 2.5m wide, since the sideboards take up at least 100mm width. The 2.6m also allows two standard pallets to be loaded side-by-side inside a pantechnicon body.
On occasions, when this problem has arisen in the past, the traffic officials have agreed that, to facilitate trade, the vehicles can operate in Botswana. But, there are also occasions, such as the present case, when traffic officials have insisted that the smaller dimensions must be enforced. This is a serious inconvenience and extra cost to transporters.
For trade facilitation, Botswana must change its act to the larger dimensions, and, in the meantime, allow vehicles with those dimensions to operate freely.
 
Resolution status note: On 13th September 2016, FESARTA advised that the transporters were no longer facing this barrier so the NTB is resolved. Botswana is in the process of ammending the regulations to conform wit the requirements.  
NTB-000-551 8.7. Costly Road user charges /fees
Policy/Regulatory
2012-11-02 Zimbabwe: Victoria Falls South Africa Resolved
2016-09-13
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Complaint: This complaint is registered by FESARTA.
The Zimbabwean Ministry of Transport and Infrastructure is levying a toll of US$30 per trip, for the crossing of the Victoria Falls bridge. Ref: SI 171 of 2012.
This toll is not justified because it was never discussed with those who are having to pay the toll and there is no reconciliation for the amount of the toll.
Furthermore, transporters pay road user charges, which are to cover the wear and tear caused to the roads and bridges.
 
Resolution status note: On 13th September 2016, FESARTA advised that the transporters were no longer facing this barrier so the NTB is resolved.  
NTB-000-480 8.7. Costly Road user charges /fees
Policy/Regulatory
2011-12-07 Zambia: Chililabombwe Municipal Council, Zambia South Africa Resolved
2016-09-07
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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.  
Resolution status note: On 7 September 2016, Zambia Focal point reported that All Levies collected by the Council are guided by Section 69 and 70 of the Local Government Act CAP 281 of the Laws of Zambia which specifies the Levies to be collected. Under this Act (CAP 281), no Council is mandated to collect motor vehicle fees. The supporting Local Government Act was uploaded for reference  
NTB-000-515 8.7. Costly Road user charges /fees 2012-06-27 Zambia: Kazungula Ferry South Africa Resolved
2016-09-07
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Complaint: This complaint is registered by FESARTA.
Transporters are being charged a motor vehicle fee by Siavonga 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.
Please refer to NTB 480
 
Resolution status note: Zambia advised that all Levies collected by the Council are guided by Section 69 and 70 of the Local Government Act CAP 281 of the Laws of Zambia which specifies the Levies to be collected. Under this Act (CAP 281), no Council is mandated to collect motor vehicle fees. The measure shall be uploaded onto the online NTMs database .  
NTB-000-616 6.5. Variable levies 2013-12-01 Zambia: Nakonde District Council Tanzania Resolved
2016-08-25
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Complaint: Nakonde District Council of Zambia has introduced new Council Levy for external trucks entering Zambia in addition to other existing charges and levies.  
Resolution status note: On 25 August 2016, Zambia Focal point reiterated the fact that all Levies collected by the Council are guided by Section 69 and 70 of the Local Government Act CAP 281 of the Laws of Zambia which specifies the Levies to be collected. Under this Act (CAP 281), no Council is mandated to collect motor vehicle fees. This is therefore a policy measure notified to stakeholders . The NTB is considered resolved because stakeholders have been made aware of the regulations . The same will also be contained in the NTMs database.  
NTB-000-546 1.2. Government monopoly in export/import 2010-09-01 Zimbabwe: Harare offices Zimbabwe Resolved
2016-08-24
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Complaint: Zimbabwe has too many agencies issuing agricultural Permits, thereby giving problems to those who would want to obtain them, for example you have to go to gugunyana offices then you go to Mazowe Plant and Quarantine offices then also you have to go to AMA (agricultural marketing authority) this process we feel its too long why cant it be done under one roof, or one just live your application then the move around into different offices is done within the office bearers  
Resolution status note: Zimbabwe reported that most of the issues are of policy nature therefore awareness programmes with relevant stakeholders and government agencies will be undertaken .  
NTB-000-172 2.8. Lengthy and costly customs clearance procedures 2009-07-27 Malawi: Dedza Malawi Resolved
2016-08-24
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Complaint: cumbersome and bureaucratic delays encountered in the processing of documentation and clearing of goods at the border posts.  
Resolution status note: Malawi reported that she had established trade facilitation tools e.g. Development of OSBPs with Zambia,( Muchinji/Mwami) and Tanzania. Draft agreements have been Mozambique and Malawi were now awaiting Official signing at Ministerial level. Malawi has also developed a one stop Malawi Trade portal with all legal regulations and procedures for all institutions in Malawi that deal with trade in goods. All trade and business related forms and procedures for the respective institutions can be dowloaded from the trade portal.  
NTB-000-644 2.3. Issues related to the rules of origin 2014-11-16 Rwanda: Rwanda Customs Authority and also in Majerwa Egypt Resolved
2016-08-24
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Complaint: We are importing Wheat flour from Egypt from one of the Biggest Flour mill and factory in Egypt. We have original Certificate of Origin and Comesa certificate. But they do not accept and put us import Duty. Before it is 100% Duty free. But now since september they are not accepting it. Egypt is part of Comesa and Good produced in Egypt and 100% Duty free. So why is wheat flour not accepted. Please help  
Resolution status note: During the 5th meeting of COMESA NTBs Focal Points, the two parties reported that the certificate of origin was now being recognised and therefore the NTB had been resolved.  
Products: 1101: Wheat or meslin flour.  
NTB-000-605 8.8. Issues related to transit 2013-10-03 Democratic Republic of the Congo: Kasumbalesa COMESA Resolved
2016-08-24
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Complaint: This complaint is registered by FESARTA.
The unstable situation at the Kasumbalesa border post between Zambia and the DRC, is causing serious delays on the North-South corridor.
Over the past 6 months, lawlessness on the DRC side of the border, is leading to drivers foreign to DRC being harassed and, on some occasions, being attacked. Police have been unnecessarily harassing drivers for speeding, unroadworthy vehicles and incorrect documentation. The lack of security has resulted in two drivers being shot and wounded; the latest being Patrick Murifi, 31, a Zimbabwean truck driver.
This has caused drivers preparing to enter DRC from the South, to become agitated and, on two occasions, go on strike and effectively close the border to heavy vehicle traffic.
Copperbelt Police chief Joyce Kasosa has confirmed in an interview recently, that calm has been restored but trucks are still not crossing into and from DRC because the drivers want to be addressed and assured of their security while in that country.
It is clear that the situation is volatile and likely to erupt into violence at any time, for the slightest reason.
This situation is not conducive to intra-regional trade and unacceptable to the road transport industry.
A deputation from DRC yesterday to the drivers on the Zambian side, has convinced the drivers to start moving again.
However, the drivers have warned that if there should be further occurrences of the problem, they will blockade the border for 3 weeks.
SADC and COMESA are requested to intervene and call on the government of the Katanga province to take control of the situation and provide a stable environment conducive to intra-regional trade.
 
Resolution status note: During the 5th Meeting of the COMESA NTBs Focal Points held in Nairobi from 23-25 August 2016, DRC reported that the matter had been resolved following consultations with COMESA Secretariat and other interested parties .  
NTB-000-679 2.3. Issues related to the rules of origin
Policy/Regulatory
2014-01-23 Rwanda: Rwanda Revenue Authority Egypt Resolved
2016-08-24
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Complaint: Rwanda doubts the originating status of wheat flour exported by Egypt  
Resolution status note: During the 5th Meeting of COMESA NTBs Focal Points held in Nairobi fro 23-25 August 2016, Egypt reported that the complainant had not been forth coming with additional information to facilitate consideration of this matter by the countries, In that regard, The two parties therefore decided that the matter be considered resolved .  
NTB-000-528 8.1. Government Policy and regulations
Policy/Regulatory
2012-09-10 Zimbabwe: Nyamapanda Zimbabwe Resolved
2015-06-10
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Complaint: This complaint is registered by FESARTA.
Port Health at Nyamapanda, Zimbabwe, has issued a notice to the effect that all goods transiting the border are to be inspected, from 10th September.
The inspection in itself is not a problem.
However, a charge is to be levied for this inspection. This is unacceptable.
Port Health is a government department, which has a duty to perform, in the course of its daily work.
This duty is part of Port Health's daily workload and it budgeted for from Central Government.
Health inspections are done in the interests of the country and are not asked for by the transporter.
There should be no extra charge for this.
What would happen if every government department charged citizens for carrying out their daily duties?
 
Resolution status note: During the meeting of COMESA Heads of Customs Sub- Committee held in Nairobi on 19-20 June 2015, Zimbabwe reported that the NTB was an internal control measure and what was required was sensitization of stakeholders on various import and export requirements. This was resolved at the 31st COMESA Trade and Customs Committee meeting held on 7-10 September 2015.  
NTB-000-531 8.1. Government Policy and regulations
Policy/Regulatory
2012-09-28 Botswana: Kazungula Ferry Botswana Resolved
2016-08-15
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Complaint: This complaint is registered by FESARTA.
Chobe municipality is charging foreign transporters a fee to pass through its area of jurisdiction.
There is no justification for any municipality to charge transporters for travelling on the national roads through their areas.
The municipalities do not provide services to the transporters and the national roads are maintained by the national roads authorities.
This practice was started by Zambian municipalities and was halted by the Zambian government.
However, some Zambian municipalities continue to charge.
The practice also does not align with the RECs requirement that the transporters should pay road user charges and not other charges.
 
Resolution status note: The Focal Point advised that the Chobe Municipality no longer charges foreign transporters the fees.  
NTB-000-692 1.8. Import bans 2016-01-27 Zimbabwe: Ministry of Agriculture, Mechanisation & Irrigation. Department of Livestock & Veterinary Services Zimbabwe Resolved
2016-07-20
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Complaint: Department of Livestock & Veterinary Services have issued a letter stating they are banning honey imports to protect their honey industry from disease. In the same letter, they state that there is plenty of local honey available so importers should buy local.
Zambezi Gold Honey from Zambia has been imported to Zimbabwe by Le Sel Distribution (Zimbabwean Company) for 6 years now. No complaint has ever been made.
No analyses have been shown to Le Sel (the importer) to prove disease exists.
Zimbabwe Vet Services has refused to consider any exemptions.
 
Resolution status note: The Program Officer - Sanitary and Phytosanitary in the SADC Secretariat reported that the NTB-692 on honey import ban from Zambia implemented by the Department of Veterinary Services of Zimbabwe had been resolved. Issuance of permits had resumed.

The SQAM - SPS Programme (Standards – SABF Sub-group) in collaboration with GIZ had actively engaged the Department of Veterinary Services for the timely resolution of the NTB.

We thank officials of the Department of Veterinary Services of Zimbabwe for their cooperation.
 
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