Resolved complaints

Showing items 141 to 160 of 924
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-000-750 8.8. Issues related to transit 2017-03-01 Zambia: On the road Zambia Resolved
2018-01-25
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Complaint: There are approximately 600 hundreds trucks ferrying "mukula" logs legally from DRCongo. The loads had genuine documents from Congo and the trucks were checked at kasumbalesa border upon entry to Zambian soil.
We understand that Zambia banned mukula harvesting within its territories but the activity is not banned in Congo. it is unfortunate that the trucks from Tanzania underwent the legal custom check at the border only to be impounded through an impromptu statutory instrument. The drivers and their drivers have been living under deplorable condition with their employing companies not only going through loss by way of their trucks staying idle but also through regular upkeep of their employees.

It also unfortunate that after impounding the said trucks, the relevant authorities in Zambian kept quiet. No meaningful willingness to resolve the issue has been portrayed by the relevant authorities in question. Going by SADC protocol on transit/transportation protocol there is evidence of breach/contravention of the same.

We wish to see a quick resolution of the matter to mitigate the pangs of the losses companies are making and hence the respective governments from which the same operates under.

We do need each other and we'll always need each other owing the same to globalization.
 
Resolution status note: On 25 January 2018, Zambia Focal Point reported that all 600 trucks had been released. The last 15 were released in September 2017. Attached is the statutory instrument prohibiting the exportation of certain forestry products. Therefore, this NTB should was resolved.  
NTB-000-751 8.7. Costly Road user charges /fees 2017-05-01 Zambia: Ministry of Trade Botswana Resolved
2026-04-14
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Complaint: Transporters have noted the many benefits of using Botswana as a transit instead of Zimbabwe. It is a well known fact that Zimbabwe borders are slow and congested, there are many tolls we pay (for no service), numerous road blocks (harrassment of drivers and lack of adherence to SADC appreciation of the Soveriegnty of Foreign COF's), high fuel costs and failing road infrastructure. The completion of the Kazungulu Bridge is a much anticipated event that will give transporters access to an efficient and cost effective transit to Zambia.

On the 11th November 2016, Zambia issued SI 85 of 2016, The Tolls Act in which the Second Schedule Section A and B outlines Entry Tolls for COMESA/SADC and other Countries. Botswana was not included under SADC and awarded tolls higher than other SADC States. On the 1st May 2017, Botswana retaliated by issuing an Amendment of the Road Traffic and Road Transport (Permits) regulations, 2017. Under this Amendment, tolls were increased and in turn, Zambian Transporters handed a hefty penalty. The result is that as a Zambian Transporter our Transit Fees through Botswana increased by 70%.

This makes the Botswana route unattractive and given the congestion at Kazungulu, we have had to run through Zimbabwe again. We are delayed here by congestion, delays in ZIMRA electronic sealing processes and run the gauntlet as described above.

Surely the whole idea of building the Kazungula Bridge is to improve the flow of traffic through Botswana and create economic advantage? With the increase in the tolls in a tit for tat manner, building the bridge is a waste of time.

Could the member States please meet and look at treating each other in the spirit encouraged by SADC.
 
Resolution status note: Based on the information from the Zambian Ministry of Transport and absence of recent complaints, it is reasonable to regard the matter as resolved, unless new evidence of discriminatory tolls or retaliatory measures arises. We remain committed to the principles of SADC regional integration and the efficient movement of goods through the Kazungula Corridor and will continue to engage constructively with Zambia to ensure smooth transit operations.  
NTB-000-784 8.8. Issues related to transit 2017-10-10 Zambia: Kapiri Mposhe South Africa Resolved
2019-01-11
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Complaint: Transporters are experiencing substantial delays at the weigh-bridges in Zambia when transiting to and from DRC. To make matters worse trucks get weighed at more than one weigh bridge even though the drivers have copies of the initial weigh bridge slips showing no overloads.  
Resolution status note: Zambia reported that the Road Development Agency (RDA) was acting within the law (The Tolls Act of 2011). As a result, trucks are continuously weighed to ensure that no extra loads are added onto the trucks.There is an going process to designate weigh bridges for international truckers as part of the vehicle load management programmes being implemented under the tripartite .Delays in the weighing process are only occasional and not every time. A normal weighing process takes 3 to 5 minutes depending on the details being submitted. All the trucks were cleared and therefore the matter is resolved  
NTB-000-792 8.7. Costly Road user charges /fees 2017-11-01 Zambia: Chililabombwe Resolved
2019-01-11
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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. According to NTB-000-480, this was addressed on the 7 September 2016, but this problem has emerged again since 20th October 2017.  
Resolution status note: Zambia reported that the by-law has now been revoked and councils have stopped charging the said fees.  
NTB-000-801 2.6. Additional taxes and other charges 2018-02-28 Zambia: Ministry of Trade. Malawi Resolved
2019-08-20
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Complaint: 1. CORI (Capital Oil Refining Industries) Ltd intend to export cooking oil and soya bean cake into Zambia. However, the
company has been advised to pay 5% SGS surcharge on export of its product into Zambia.

2. The company (CORI Ltd) is also considering to register a company in Zambia in which case they have been advised that they require an import permit from Zambian Authorities for every consignment (of cooking oil and soya bean cake) that will be sent to Zambia.
 
Resolution status note: During the bilateral consultations between Zambia and Malawi at the TFTA NTBs Focal points meeting held on 19- 21 August 2019 , Malawi confirmed that the issues has been resolved.  
NTB-000-801 2.6. Additional taxes and other charges 2018-02-28 Zambia: Ministry of Trade. Malawi Resolved
2019-08-20
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Complaint: 1. CORI (Capital Oil Refining Industries) Ltd intend to export cooking oil and soya bean cake into Zambia. However, the
company has been advised to pay 5% SGS surcharge on export of its product into Zambia.

2. The company (CORI Ltd) is also considering to register a company in Zambia in which case they have been advised that they require an import permit from Zambian Authorities for every consignment (of cooking oil and soya bean cake) that will be sent to Zambia.
 
Resolution status note: During the bilateral consultations between Zambia and Malawi at the 5th TFTA NTBs Focal points meeting, Malawi confirmed that the issues has been resolved. We again propose that it be marked as resolved.  
NTB-000-821 6.5. Variable levies
Policy/Regulatory
2017-02-21 Zambia: Zambia Revenue Authority Kenya Resolved
2019-08-21
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Complaint: On 20th and 21st February 2017, Zimbabwean and Kenyan companies involved in distribution of tilapia into Zambia reported that the Government of Zambia had enacted the Customs and Excise Amendment Act number 47 of 2016 effective 1 January 2017.The amendment imposes a surtax of 5% on all imported goods that are produced or manufactured in Zambia. The surtax was meant to encourage local sourcing of inputs for the manufacturing sector in order to reduce the cost of production.  
Resolution status note: Zambia and Kenya held a bilateral meeting during the 5th TFTA focal points meeting held in Nairobi in August, 2019. Zambia informed Kenya that the measure is under review and has also affected domestic companies and therefore does not violate the national treatment principle. Thus it should not be reported as an NTB.  
NTB-000-911 8.1. Government Policy and regulations
Policy/Regulatory
2019-10-15 Zambia: All Zambia Weighbridges Zimbabwe Resolved
2020-07-10
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Complaint: Zambia applies 0% tolerance on Gross Weight at all Weigh Bridge Stations when all the other counties on the North – South Corridor allows 2 – 5% tolerance on Gross Weight as allowance for weigh bridge weight variances, since weigh bridges give varying weights at any given time which results in fining transporters unnecessarily. The expectation is that Zambia should apply a 2% tolerance on gross weight thereby removing the current challenge faced by foreign operators in the country.  
Resolution status note: During the 8th Meeting of NTBs Focal Points held on 8- 10 July 2020, Zambia reported that it applies a 5% tolerance on Gross Weight at all Weigh Bridges. Zimbabwe needs to clarify whether they are still experiencing challenges. If not it should be considered resolved  
NTB-000-931 7.3. Corruption 2019-11-26 Zambia: Mazabuka Resolved
2020-06-24
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Complaint: Zambia Police (not RTSA) often demand first aid kits from Heavy Goods Drivers. As outlined in Roads and Road Traffic Act, Chapter 464, Third Schedule (Regulation 17), this is NOT a requirement for a HGV, but rather for a passenger omnibus or taxi (vehicles carrying passengers for reward). As best practice and as required by some customers, a few HGV operators do place sealed first aid kits in the cabs of the trucks. ZP then break the seal and claim the kit is incomplete.  
Resolution status note: On June 24 2020, Zambia Focal Point reported that the complaining company had confirmed that this problem was no longer an issue therefore it id resolved  
NTB-000-932 8.1. Government Policy and regulations 2019-12-04 Zambia: Ministry of Transport Zimbabwe Resolved
2020-11-10
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Complaint: Zambia Proposed legislation to restrict foreign registered Road Freight Transport Operators from loading cargo into and out of Zambia violates the provisions of the SADC Protocol, particularly:
1.1 Section 5.1 which calls for the development of a strong and competitive road transport industry which provides effective transport services to consumers. Clearly the introduction of quotas is anti-competitive;
1.2 Section 5.2 calls for equal treatment, non-discriminatory, reciprocity and fair competition. As already pointed out the proposed legislation is discriminatory and anti-competitive;
1.3 Section 6 in which a Zambia/Zimbabwe Joint Route Management Group forum exist but apparently has been ignored by the Zambian authorities who have chosen to introduce the proposed legislation without the courtesy of discussion using the established channels.

The transporters see a backlash from regional countries if this comes to pass and we will soon see cargo staging/transfer points arising at border posts as pressure from regional transport operators mount on their respective Governments to implement similar regulation.
 
Resolution status note: On 10 November 2020, Zimbabwe Focal Point reported that this issue is one of proposed legislation which is not in force and still under consultation. Other Countries in the region are implementing similar provisions which in our view should be the ones reported as NTBs. Foreign Transporters are not experiencing any challenges in Zambia with respect to this particular complaint.  
NTB-000-950 2.8. Lengthy and costly customs clearance procedures 2020-03-15 Zambia: Kasumbalesa Zimbabwe Resolved
2020-05-31
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Complaint: The border is too congested for the past 3 weeks with the queue now stretching backwards for 90 kilometers to Kitwe Town in the Copperbelt in Zambia, the situation has really gotten out of hand and we need urgent intervention.There are more that 1000 trucks queuing now and more joining from the various corridors.  
Resolution status note: During the verification mission to Chirundu held on 11 - 12 June, the Zambia and Zimbabwe Border Agencies reported that the log ques had been cleared by 31st May 2020 . The following temporary measures were taken jointly to clear the trucks:
1. Increased working hours from 16 hours a day to 24 hours a day;
2. Introduction of an additional lane to fast track the flow of essential goods such as fuels, food medical supplies and medical equipment;
3. Truck drivers are allowed to park their trucks outside the Common Control Zone (CCZ) before undergoing health screening at the passenger terminal in order to decongest the border area; and
3. Introduction of processing of exports in-land to reduce the amount of time spent by the truck drivers at the border.
 
NTB-000-937 8.1. Government Policy and regulations 2020-01-26 Zambia: Chirundu Zimbabwe Resolved
2020-01-30
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Complaint: Lamcast Refractories is a Manufacturing Company located in Redcliff, Zimbabwe. On the 26th of January 2020 we had an export to Zambia, transported via Chirundu border post. Upon arrival at the border our driver was advised through our clearing agent that the consignment needed a cross border permit.
Prior to the trip we had been advised by the VID in Zimbabwe and the Ministry of Transport that the vehicle that we are using is too small (5ton truck), and does not require a cross border permit because of its size and we were further advised that since the truck has yellow number plates it does not require a cross border permit. We were also advised that a cross border permit is issued to 15ton trucks and above of which our truck is a 5ton truck
Our driver has been at border since Sunday the 26th of January 2020 and up today 28/01/20 he has not been cleared on the Zambian side.
The driver had a hard time on both sides of the border because of the issue of the required cross border permit. What we were advised on the ground is different from what was encountered at the border.
May you kindly assist us on the way forward.
We have been exporting to Botswana via Plumtree border post since 2016, and we have never been asked to produce a cross border permit. The exports are being done using the same truck that we are using in Zambia.
 
Resolution status note: Zimbabwe Focal Point reported that, the exporter took advice from Zambia Focal Point to seek assistance of Zambian Authorities at Chirundu border post who assisted him. The matter was therefore resolved.  
NTB-000-955 1.14. Lack of coordination between government institutions 2020-04-08 Zambia: Chirundu Resolved
2020-05-14
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Complaint: Zimbabwean clearing agents are stopped by Zambian security agents from driving across to Zambian side to perform Zimbabwean exit formalities (this is contrary to the OSBP arrangement).
 
Resolution status note: During the border verification mission by Zambia national Monitoring committee held on 11- 12 June 2020, both Zambia and Zimbabwe border agencies reported that they had put in place a temporary measure whereby a list of Zimbabwean clearing agents doing business during the COVID-19 Pandemic was prepared and shared between Zimbabwe and Zambia. NTB was resolved by this temporary measure  
NTB-000-951 Quarantine for All Truck drivers 2020-04-05 Zambia: Kazungula Ferry Zimbabwe Resolved
2020-04-10
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Complaint: Zambia imposeS a mandatory 14 day quarantine for all truck drivers entering Zambia during the covid 19 pandemic. From 28 March 2020, drivers using the Kazungula Ferry border post were detained at Kazungula border post and later moved to different sites in Lusaka such as UNZA. It is not clear whether all drivers were screened at the border post to establish if they showed symptoms COVID 19 . All driver are being quarantined including drivers without COVID 19 symptoms. This is not in line with SADC guidelines that stipulates that Member states will undertake initial screening and only quarantine those that show symptoms of COVID 19.

Zambia should have notified all SADC member states of their mandatory quarantine period in advance as required by the WTO Agreement on Trade Facilitation and WHO Interim Guidance on Quarantine of individuals in the context of the containment of corona virus disease (COVID-19) so that traders could plan accordingly. Zambia ambushed traffic in transit.

Zambia should implement the SADC guidelines which were recently adopted.
 
Resolution status note: On 19 Appril 2020, FESARTA reported that all drivers under quarantine have since been released.

Also Zambia has now produced a COVID - 19 Guidelines on Screening for Trucks carrying essential commodities. At certain Zambian border posts such as Vic Falls, Kazangula, Chinade and Chipata drivers are required to be screened and tested for COVID-19, meaning that they are quarantined until the test results are available and if negative for COVID-19 are released to proceed and deliver the cargo to the final destination, if they test positive they are quarantined for 14 days and the transporter must send another driver to replace the quarantined driver to deliver the load. Other border post such as Chirundu, Kasumbalesa and Nakonde, drivers are screened for temperatures and if no symptoms they are allowed to proceed and deliver the cargo to the final destination.
 
NTB-000-954 2.8. Lengthy and costly customs clearance procedures 2020-04-03 Zambia: Livingstone Resolved
2020-05-13
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Complaint: Challenges were experienced at the Livingstone and Chirundu borders of Zambia we have experienced which led to disruptions of Coca-Cola supply chain network. Although their business has been classified as an essential goods provider in all their markets across the SADC region (and therefore hoped to benefit from the provisions put in place to enable the continued free flow of these designated goods) they have experienced challenges. In Zambia they have been impacted by the implementation of a unique control measure, the “Relay System”, which blanketly requires all foreign truckers to hand over their vehicles to local drivers at the border who continue the journey into Zambia. Their main challenge is that some of the cargo only transits through Zambia enroute to other countries and this system has caused extensive delays of transit cargo flow. There is also risk that these measures may lead other SADC countries to follow suit and adopt a similar system.  
Resolution status note: During the Zambia NMC verification mission to Chirundu on 11-12 June 2020, both Zambia and Zimbabwe border agencies reported that they had agreed that Zimbabwe side creates an official list of clearing agents doing business during the COVID-19 Pandemic was prepared and shared between Zimbabwe and Zambia. NTB was resolved by this temporary measure  
NTB-000-954 2.8. Lengthy and costly customs clearance procedures 2020-04-03 Zambia: Livingstone Resolved
2020-05-13
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Complaint: Challenges were experienced at the Livingstone and Chirundu borders of Zambia we have experienced which led to disruptions of Coca-Cola supply chain network. Although their business has been classified as an essential goods provider in all their markets across the SADC region (and therefore hoped to benefit from the provisions put in place to enable the continued free flow of these designated goods) they have experienced challenges. In Zambia they have been impacted by the implementation of a unique control measure, the “Relay System”, which blanketly requires all foreign truckers to hand over their vehicles to local drivers at the border who continue the journey into Zambia. Their main challenge is that some of the cargo only transits through Zambia enroute to other countries and this system has caused extensive delays of transit cargo flow. There is also risk that these measures may lead other SADC countries to follow suit and adopt a similar system.  
Resolution status note: During the Consultative meetings between Zambia NMC and border agencies, it was reported that the issue of relay drivers is not policy by the Zambia Government ad that the confusion might have arisen due top COVID -19 pandemic requirements. Zambia has put in place efficient testing and screening facilities and drivers meeting the COVID- 19 requirements are allowed to proceed to their destinations  
NTB-000-956 2.8. Lengthy and costly customs clearance procedures 2020-04-08 Zambia: Chirundu Resolved
2020-05-31
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Complaint: There are daily delays of truck movement due to customs clearing delays by Zambian authorities. Trucks are made to queue on the Zimbabwean side of the border whilst Zambian procedures are being done. The queue on the Zimbabwean side is almost permanent and sometimes stretches up to 10km along the road. Drivers have no ablution and other facilities in the process (health challenges).
The fight against the covid-19 disease is severely affected adversely by this development. In addition to this the trucks are exposed to thieves and wild animals. Clearing agents Zimbabwe transit bonds are also held up pending exit of the trucks.
 
Resolution status note: Zambia NTBs national monitoring Committee undertook a verification mission to Chirundu Border post on 11- 12 June 2020 to ascertain the degree of the problem and recommend way forward. The mission found out that all border agencies were overwhelmed by the increase in the volumes of traffic due to the COVID-19 Pandemic which caused traffic to be diverted from other borders e.g Kazungula Ferry to Chirundu . Following submission of this complaint the Zambia and Zimbabwe put in place the following temporary measures to adress the matter:
1. Increased working hours from 16 hours a day to 24 hours a day;
2. Introduction of an additional lane to fast track the flow of essential goods such as fuels, food medical supplies and medical equipment;
3. Truck drivers are allowed to park their trucks outside the Common Control Zone (CCZ) before undergoing health screening at the passenger terminal in order to decongest the border area; and
4. Introduction of processing of exports in-land to reduce the amount of time spent by the truck drivers at the border.
These measures cleared all the trucks in the ques therefore the NTB was resolved
 
NTB-000-971 8.6. Vehicle standards 2020-07-14 Zambia: Halfway Patrol Zimbabwe Resolved
2021-03-17
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Complaint: We export to Zambia and use our own truck (an 8tonne truck with yellow plates)to dispatch the products. We have exported for 5 times without any incident. On the above mentioned date our driver got a fine apparently for "plying for hire and reward". We have been exporting to Botswana since 2016 and we have never come across such an incident.We are not into transport business therefore our truck is specifically for dispatching to our customers hence the Yellow plates. We have a PTA Carrier Licence.
Please assist us.
 
Resolution status note: The Focal Point contacted the exporter to provide further information on whether it was a one of or repeated challenge . Exporter has not provided feedback. RESOLVED DUE TO LACK OF EVIDENCE  
NTB-001-008 2.2. Arbitrary customs classification 2020-05-05 Zambia: Ministry of Livestock and Fisheries South Africa Resolved
2022-10-10
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Complaint: Nestle is facing Product classification challenges in the Zambian market involving imitation products that are not dairy who are classified as dairy and face similar penalties that dairy products face. This product in question is Cremora which is classified by the authorities as a dairy product. However, CREMORA is a non-dairy creamer. To this effect, the request is to consider CREMORA for exemption from the dairy category of definition and profile of the product.  
Resolution status note: A bilateral meeting between the two countries was held on 10 October wherein Zambia, informed that the NTB was resolved. Nestle was issued with an exemption letter which allows it to export CREMORA as a non-dairy product to the Zambia market. To close the matter, NESTLE would write a letter to the Zambia Revenue Authority (ZRA) requesting a change in the tariff code. The Ministry of Industry (Zambia) would also write another letter to ZRA in support of Nestle’s proposition  
NTB-001-002 1.2. Government monopoly in export/import 2021-01-27 Zambia: Kariba Zimbabwe Resolved
2021-01-30
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Complaint: Zambia Revenue Authority has produced a statutory Instrument (SI NO 115 OF 2020 which prohibits exportation of certain products to neighboring countries e.g Zimbabwe. Trade has been going on well between Zimbabwe and Zambia without challenges and if there was need for commodities to exported or imported with license or permits traders have been abiding as required by Law. Zambia Revenue Authority Kariba is holding trucks intended to cross to Zimbabwe for clearance because of this Statutory Instrument, The statutory Instrument is not clear on the reasons or basis for its effect, It has come harder for the traders as the situation will force them to use chirundu which will then be costly for them to drive back to chirundu, whereas those goods in trucks which are in Zambia have been pre cleared in Zimbabwe awaiting PE as the normal way .  
Resolution status note: The Zambia Revenue Authority facilitated the clearance of the consignments that were already at Kariba Border Post. Importers/Exporters/Transporters were urged to be guided by the Statutory Instrument on the routes they are required to use when carrying certain cargo.

Due to the nature of the current situation, those already at Kariba were allowed to proceed.
 
Products: 1905.3: - Sweet biscuits; waffles and wafers :, 0401: Milk and cream, not concentrated nor containing added sugar or other sweetening matter. and 34: CHAPTER 34 - SOAP, ORGANIC SURFACE-ACTIVE AGENTS, WASHING PREPARATIONS, LUBRICATING PREPARATIONS, ARTIFICIAL WAXES, PREPARED WAXES, POLISHING OR SCOURING PREPARATIONS, CANDLES AND SIMILAR ARTICLES, MODELLING PASTES, ‘DENTAL WAXES’ AND DENTAL PREPARATIONS  
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