| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-000-632 |
8.8. Issues related to transit |
2014-05-23 |
South Africa: Lebombo |
South Africa |
Resolved
2016-09-13 |
View |
|
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-000-531 |
8.1. Government Policy and regulations
Policy/Regulatory |
2012-09-28 |
Botswana: Kazungula Ferry |
Botswana |
Resolved
2016-08-15 |
View |
|
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-000-624 |
8.6. Vehicle standards |
2014-02-18 |
Zimbabwe: Victoria Falls |
Zambia |
Resolved
2014-03-19 |
View |
|
Complaint:
|
This complaint is registered by FESARTA.
A Zambian transport company has 6 vehicles carrying copper into Zimbabwe, detained at the Vic Falls weighbridge, because “the exhaust is pointing down to the ground “ and it must be “up in the air “ according to an official on duty.
The vehicles are manufactured by Mercedes Benz and, for these vehicles; the exhaust is designed to point to the ground.
This exhaust position is perfectly within the law in Zambia where the vehicles are registered. Zimbabwe should respect and accept the Zambian standards.
This action taken by the Zimbabwean official is unacceptable and the Focal point is requested to explain if this is a violation of Zimbabwean law. It is suggested that urgent action be taken to allow the truck to continue with its journey and also to facilitate movement of goods. |
|
|
Resolution status note:
|
On 19 March 2014, Zimbabwe reported that the trucks were released on the same day and the owner was advised to contact the manufacturer (Mercedes Benz) to adjust the exhaust as required by Zimbabwean Law. The requirement is in terms of the Construction, Equipment and Use Regulations promulgated under the Road Traffic Act [Chapter13:11] uploaded onto the system.
However, the Ministry of Transport indicated that they shall not enforce this requirement on foreign registered trucks as long as this is not in their domestic legislation. Zimbabwe is expected to issue a formal notification to this effect to enable enforcement of the said exemption on foreign trucks. |
|
|
NTB-000-563 |
7.1. Arbitrariness |
2013-01-11 |
Zimbabwe: Chitungwiza |
South Africa |
Resolved
2013-09-13 |
View |
|
Complaint:
|
This complaint is registered by FESARTA.
A transporter's vehicle has once again been held up by the road traffic authorities in Zimbabwe, for the vehicle not complying strictly to the Zimbabwe vehicle regulations.
In this instance, the rear lights of the truck were not in precisely the right position, according to the Zimbabwe regulations.
The official, in this instance, was constable Munaki, official number 060189F.
After intervention by the road transport industry and much delay, the vehicle was released with a warning.
This complaint is similar to that in NTB 524, where the information plate on the vehicle did not comply with the Zimbabwe regulations.
The practice of Zimbabwe road traffic authorities harassing transporters over trivial vehicle equipment regulations is not acceptable.
Vehicles foreign to Zimbabwe, comply with the regulations in their own countries and receive a certificate of fitness to show that they are compliant.
This certificate of fitness should be acceptable to the Zimbabwe authorities, unless, of course, the vehicle is clearly not roadworthy. The rear lights being in a different position, or the information plate giving different information, does not make the vehicle unroadworthy.
Two of the clauses in one of the bi-lateral road transport agreements that Zimbabwe holds with another country, state that each country should "promote fair and equitable treatment for carriers from both countries" and "strengthen their economic and commercial relations in the spirit of co-operation and friendship".
The actions of the Zimbabwe road traffic authorities do not subscribe to the above requirements and the authorities are requested to adhere to the objectives of the bi-lateral agreements. |
|
|
Resolution status note:
|
On 13 September 2013, FESARTA reported that they had subsequently received a letter from the Ministry of Transport, Communications and Infrastructural Development, directed to the Zimbabwe Republic Police, instructing the police to accept the standards of South African vehicles. FESARTA believes that this letter will also indirectly apply to vehicles from countries other than South Africa entering Zimbabwe. Therefore, FESARTA recommends that NTBs 524 and 563 be considered resolved. |
|
|
NTB-000-609 |
7.1. Arbitrariness
Policy/Regulatory |
2013-11-05 |
Botswana: About 100 km North of Gaborone on the Gaborone- Francistown road |
South Africa |
Resolved
2014-11-24 |
View |
|
Complaint:
|
This complaint is registered by FESARTA.
A transporter's truck was pulled over at the weigh bridge, about 100 km North of Gaborone, on the Francistown road, at about 3:00pm on the 3rd November 2013.
The weighbridge officials on duty at that time demanded a spot fine – payable immediately alleging that it did not meet the applicable dimensions. The reason for the fine was that the truck was over length – which it was not. The allowance is 22m and .30m for the bull-bar and spotlights. The total length of the vehicle was 22.26 m; 4cm under the allowed length. This truck passed the length inspection on this exact same spot in Botswana the week before.
The official, who did not want to give his name, said that he did not care what happened last time. The truck was over length and would not move until he was satisfied.
The official did not want to speak to the transporter's management and said it was between the official and the driver. They did not want to let the truck go before the unrecorded payment was made. They indicated they would keep it till Monday, when the driver would have the opportunity to pay the fine.
This is not the first time that Botswana officials have issued unrecorded fines for either over height, over length or over width vehicles.
Transport operators request the Botswana central government authorities to clamp down on officials that are unjustifiably harassing drivers and not facilitating the flow of goods along the corridors. |
|
|
Resolution status note:
|
Botswana focal point reported that the legal length of any vehicle combination as per the Botswana Road Traffic Act is 22m, which conforms to the requirements of the SADC Protocol on Transport and Metereology. There was no allowance in the Botswana regulations for inclusion of any other fitted devices to the vehicle since they are considered as part of the 22m. However the Botswana Ministry of Transport and Communication is in consultation with the relevant agencies on the matter of those vehicles which are more than 22m long. Botswana was in the process of reviewing the regulations .
On 24 November 2014, FESARTA reported that, following high-level discussions between SA and Botswana on dimensions, Botswana had agreed that there won’t be prosecutions whilst the regulations were being updated.
Botswana was given till March 2015 to complete this.
FESARTA advised that this NTB be considered resolved on the above basis.
Please remove the NTB. |
|
|
NTB-000-609 |
7.1. Arbitrariness
Policy/Regulatory |
2013-11-05 |
Botswana: About 100 km North of Gaborone on the Gaborone- Francistown road |
South Africa |
Resolved
2014-11-24 |
View |
|
Complaint:
|
This complaint is registered by FESARTA.
A transporter's truck was pulled over at the weigh bridge, about 100 km North of Gaborone, on the Francistown road, at about 3:00pm on the 3rd November 2013.
The weighbridge officials on duty at that time demanded a spot fine – payable immediately alleging that it did not meet the applicable dimensions. The reason for the fine was that the truck was over length – which it was not. The allowance is 22m and .30m for the bull-bar and spotlights. The total length of the vehicle was 22.26 m; 4cm under the allowed length. This truck passed the length inspection on this exact same spot in Botswana the week before.
The official, who did not want to give his name, said that he did not care what happened last time. The truck was over length and would not move until he was satisfied.
The official did not want to speak to the transporter's management and said it was between the official and the driver. They did not want to let the truck go before the unrecorded payment was made. They indicated they would keep it till Monday, when the driver would have the opportunity to pay the fine.
This is not the first time that Botswana officials have issued unrecorded fines for either over height, over length or over width vehicles.
Transport operators request the Botswana central government authorities to clamp down on officials that are unjustifiably harassing drivers and not facilitating the flow of goods along the corridors. |
|
|
Resolution status note:
|
Botswana focal point reported that the legal length of any vehicle combination as per the Botswana Road Traffic Act is 22m, which conforms to the requirements of the SADC Protocol on Transport and Metereology. There was no allowance in the Botswana regulations for inclusion of any other fitted devices to the vehicle since they are considered as part of the 22m. However the Botswana Ministry of Transport and Communication is in consultation with the relevant agencies on the matter of those vehicles which are more than 22m long. Botswana was in the process of reviewing the regulations.
On 24 November 2014, FESARTA reported that, following high-level discussions between SA and Botswana on dimensions, Botswana had agreed that there won’t be prosecutions whilst the regulations were being updated. Botswana was given till March 2015 to complete the exercise.
FESARTA advised that this NTB be considered resolved on the above basis. |
|
|
NTB-000-609 |
7.1. Arbitrariness
Policy/Regulatory |
2013-11-05 |
Botswana: About 100 km North of Gaborone on the Gaborone- Francistown road |
South Africa |
Resolved
2014-11-24 |
View |
|
Complaint:
|
This complaint is registered by FESARTA.
A transporter's truck was pulled over at the weigh bridge, about 100 km North of Gaborone, on the Francistown road, at about 3:00pm on the 3rd November 2013.
The weighbridge officials on duty at that time demanded a spot fine – payable immediately alleging that it did not meet the applicable dimensions. The reason for the fine was that the truck was over length – which it was not. The allowance is 22m and .30m for the bull-bar and spotlights. The total length of the vehicle was 22.26 m; 4cm under the allowed length. This truck passed the length inspection on this exact same spot in Botswana the week before.
The official, who did not want to give his name, said that he did not care what happened last time. The truck was over length and would not move until he was satisfied.
The official did not want to speak to the transporter's management and said it was between the official and the driver. They did not want to let the truck go before the unrecorded payment was made. They indicated they would keep it till Monday, when the driver would have the opportunity to pay the fine.
This is not the first time that Botswana officials have issued unrecorded fines for either over height, over length or over width vehicles.
Transport operators request the Botswana central government authorities to clamp down on officials that are unjustifiably harassing drivers and not facilitating the flow of goods along the corridors. |
|
|
Resolution status note:
|
Botswana focal point reported that the legal length of any vehicle combination as per the Botswana Road Traffic Act is 22m, which conforms to the requirements of the SADC Protocol on Transport and Metereology. There was no allowance in the Botswana regulations for inclusion of any other fitted devices to the vehicle since they are considered as part of the 22m. However the Botswana Ministry of Transport and Communication is in consultation with the relevant agencies on the matter of those vehicles which are more than 22m long. Botswana was in the process of reviewing the regulations.
On 24 November 2014, FESARTA reported that, following high-level discussions between SA and Botswana on vehicle dimensions, Botswana agreed that there won’t be prosecutions whilst the regulations were being updated. Botswana was given till March 2015 to complete the exercise.
FESARTA advised that this NTB be considered resolved on the basis of this development. |
|
|
NTB-000-514 |
8.4. Transport related corruption |
2012-02-06 |
Zambia: Nakonde |
South Africa |
Resolved
2013-04-10 |
View |
|
Complaint:
|
This complaint is registered by FESARTA.
A company by the name of ZAMESCO, is charging transporters to park at the Nakonde border post.
The charge is 24 US dollars per day.
There is no official parking area and so the trucks would normally park along the road.
However, they are forced to park in ZAMESCO's parking area, without being given any alternative.
The Zambian authorities have not regulated these parking charges, nor have they condoned them. These are arbitrary charges imposed by a company that has no authority to do so.
They are uneccessarily increasing the cost of transport on the Dar es Salaam corridor.
Attached are scanned copies of parking receipts.
|
|
|
Resolution status note:
|
At the Tripartite NTBs Online Reporting, Monitoring and Eliminating Mechanism Meeting to Launch the SMS Reporting Tool held from 9-10 April 2013 in Lusaka, Zambia, Zambia reported that ZAMESCO is a private dry port. Vehicles have the option to park along the road side. |
|
|
NTB-000-972 |
7.5. Lengthy procedures |
2020-07-24 |
Zimbabwe: Beitbridge |
|
Resolved
2021-07-29 |
View |
|
Complaint:
|
There is usually a very long queue of north-bound trucks on the South African side of the border. This situation is very undesirable at it negatively affects trade facilitation along the north-south corridor and is a big concern in efforts to fight the covid-19 pandemic. These trucks are held up at the border due to some of the following reasons:
1) The Zimbabwe Revenue Authority Document Processing Centres (DPCs) are opening at 0800hrs and closing at 1500hrs. Outside this period trucks are still moving and documents are continuously lodged into the system by clearing agents. Processes that should be done in the Zimra system cannot be performed during this period. The border post is open for 24 hours and closure of the DPCs creates a bottleneck. Operating hours of the DPCs have been affected by the national curfew (0600hrs-1800hrs) that was recently introduced by Government to fight against the covid-19 pandemic.
2) Other customs processes such as cargo release (manual) procedures and query resolution are taking too much time to be done.
3) Due to the recent upward movement in the exchange rate, clearing agents sometimes do not have enough bond cover to move goods in transit. This has also resulted in truck movement delays. A proposal to have these bonds denominated in USD (in order to introduce stability in the system) has been made by the association to Zimra.
4) There are delays by Zimra in generating T1s which allow movement of transit cargo even in cases where bonds sufficiently cover the goods.
5) Of late Zimra did very well by opening a fast lane (green route) for some traffic but there has been no consistency in this process. The route is closed at times.
6) There are undesignated check-points within the border which humper movement of trucks. |
|
|
Resolution status note:
|
ZIMRA advised that this issue has been dealt with by the Ease of doing business task force, however In the interim as the lead agent will escalate the challenges to the responsible authorities of the respective other agencies making reference to the Ease of doing business resolutions and will monitor to ensure checkpoints as agreed in the Ease of doing business meetings are adhered to. |
|
|
NTB-000-121 |
2.8. Lengthy and costly customs clearance procedures |
2009-07-26 |
Seychelles: Customs |
Eswatini |
Resolved
2011-06-03 |
View |
|
Complaint:
|
There is total lack of consistency in the application of customs procedures at all clearing offices. |
|
|
Resolution status note:
|
Seychelles reportd that the situation has much improved with ASYCUDA++ |
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|
NTB-001-063 |
8.2. Administrative (Border Operating Hours, delays at border posts, etc.) |
2022-03-24 |
Zambia: Kasumbalesa |
Zimbabwe |
Resolved
2023-03-06 |
View |
|
Complaint:
|
There is slow Clearance by border agencies ( Zambia Customs) causing truck delays. Trucks following a queue 34km long at morning of 24 March 2022 . |
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Resolution status note:
|
A Bilateral Ministerial Meeting between the Republic of Zambia and the Democratic Republic of Congo (DRC) was held on 6th March 2023. It was agreed that all border agencies of both countries put in place procedures to allow for 24-hour border operations at Kasumbalesa, Sakania, Mokambo and Kipushi in accordance with internal procedures.Based on the outcome of the Bilateral meeting, the NTB is resolved |
|
|
NTB-001-150 |
1.9. Determination of eligibility of an exporting country by the importing country |
2023-11-12 |
Lesotho: DURBAN PORT |
South Africa |
Resolved
2024-05-31 |
View |
|
Complaint:
|
THERE IS QUERIES IN REGARDS TO THE FABRIC AND BEING INSPOECTED, BUT NO RESULT HAS BEEN OUT FROM SARS SINCE A LONG TIME |
|
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Resolution status note:
|
Lesotho Focal Point reported that the NTB had been resolved successfully |
|
|
NTB-000-320 |
5.7. Minimum import price limits |
2009-09-09 |
Seychelles: Other Seychelles |
Seychelles |
Resolved
2010-11-22 |
View |
|
Complaint:
|
There is price control on goods imported inti Seychelles. Prices of imported goods are limited by a maximum 30% mark-up |
|
|
Resolution status note:
|
Seychelles reported that price control has been removed on all non-food items. Seychelles needs to eliminate NTB’s, therefore need to explore alternative ways of controlling price on food items. |
|
|
NTB-000-210 |
7.6. Lack of information on procedures (or changes thereof) |
2009-07-27 |
Zimbabwe: Ministry of Agriculture |
Zimbabwe |
Resolved
2010-07-30 |
View |
|
Complaint:
|
There is no formal dissemination of information as to which agricultural products require permits. Importers are thus caught unaware and spend time processing documents required. |
|
|
Resolution status note:
|
Zimbabwe reported that the Ministry of Agriculture, Mechanisation and Irrigation Development is currently working on finalising their website on which such information can be accessed. Also a brochure containing such information is currently being worked on. The Permits office offers advice to clients on walk in basis. |
|
|
NTB-000-450 |
2.11. Lack of control in Customs infrastructure |
2011-09-03 |
EAC |
Uganda |
Resolved
2014-12-11 |
View |
|
Complaint:
|
There is lack of verification sheds and parking yards at most border posts in the EAC partner states. |
|
|
Resolution status note:
|
At the 16th NTBs forum held in Kigali in December 2014, EAC Secretariat reported that the 15th EAC Forum on NTBs noted that the ongoing construction of OBSP was addressing this NTB and Partner states reported that construction of OSBPs was at advanced stages at key border posts. This NTB is therefore resolved |
|
|
NTB-000-436 |
2.14. Other |
2009-04-16 |
EAC |
Kenya |
Resolved
2014-12-11 |
View |
|
Complaint:
|
There is lack of harmonized procedures manual for the EAC partner states. |
|
|
Resolution status note:
|
At the 16th NTBs forum held in Kigali in December 2014, EAC Secretariat reported that the EAC harmonized procedures manual was adopted by the Council in 2012. This NTB is therefore resolved |
|
|
NTB-000-375 |
2.3. Issues related to the rules of origin |
2010-02-10 |
SADC |
Zimbabwe |
Resolved
2011-11-10 |
View |
|
Complaint:
|
There is lack of clarity and information on the authorities issuing and processing SADC certificates of origin in Member states. |
|
|
Resolution status note:
|
SADC secretariat reported that : as stated in rule 9 of the Annex I of the SADC Protocol on Trade, “Member States shall deposit with the Secretariat the names of Departments and Agencies authorized to issue the certificates required […], specimen signatures of officials authorized to sign the certificates and the impressions of the official stamps to be used for that purpose, and those shall be circulated to Member States by the Secretariat.” SADC Secretariat circulates all the documentary evidence to Member States immediately upon reception. Additionally, the SADC Customs Unit is working in a user-friendly customs related link in the SADC Secretariat’s website to accommodate not only issues related to documentary evidence for the process of SADC RoO, but also all the binding documentation that enhances trade in the Region. |
|
|
NTB-000-748 |
2.10. Inadequate or unreasonable customs procedures and charges |
2017-05-03 |
Zambia: Chirundu |
Zambia |
Resolved
2018-01-25 |
View |
|
Complaint:
|
There is congestion at Chirundu border as a result of the attached notice which was issued by Zambia Revenue Authority The notice advised Zambian Agents that starting 1 May 2017 no truck shall enter the Zambian scanner without the Zambian bill of entry (stamped or not stamped). Fast lane trucks must not exit the border without having the entry registered.
Below is a report from our team on the ground-
Challenges we have noticed today 09 May 2017 are that,
• It has led to chaos on the Zambian side where some trucks have arrived not registered and have clogged trucks on the queue to the scanner. Some trucks are forced to park until these trucks have been registered because there is nowhere they can move to.
• ZIMRA is not aware and were not prepared for this, although I met the bonds office and had a conversation about this before 1 May they were waiting for an official document from their colleagues which never came until yesterday when ZRA informed ZIMRA that this is the development on the Zambian side.
• Zambian importers/agents who have outstanding issues with customs or waiting for clearance instructions (agent & importer) have affected trucks which arrives while these issues are still pending, therefore trucks for these importers/agents will not be cleared and will block other trucks which were precleared leading to delays.
• Some transporters not preclearing the loads hence leading to chaos at the scanner.
• No parking space before trucks reach the scanner, only 20 trucks are accommodated there thereby leading to a queue/congestion on the Zimbabwean side.
• Transit trucks getting late while on the queue leading to late acquittal issues.
I checked on the queue (Zim side) and noticed that,
• There are 67 trucks queuing from the ZIMRA gate to Shashe area
• The queue is 1.7km long
• At the Zambian scanner trucks which are there are less than 25.
• 95% of trucks on the queue are high risk (those that pass through the scanner). |
|
|
Resolution status note:
|
On 25 January 2018, Zambia Focal Point reported that The requirement was now being well managed and the congestion it could have caused had been eliminated. The NTb is therefore resolved. |
|
|
NTB-000-166 |
5.1. Quantitative restrictions |
2009-07-27 |
Malawi: Ministry of Trade |
Malawi |
Resolved
2010-11-22 |
View |
|
Complaint:
|
There is an Import restriction on Portland cement |
|
|
Resolution status note:
|
Malawi reported that NTB had been resolve internally. |
|
|
NTB-000-316 |
2.8. Lengthy and costly customs clearance procedures
Policy/Regulatory |
2009-09-09 |
Seychelles: Port Victoria |
Eswatini |
Resolved
2010-11-22 |
View |
|
Complaint:
|
There is a total lack of consistency in the application of customs procedures at all clearing offices in Seychelles |
|
|
Resolution status note:
|
Seychelles proposed to have clearing agents undergo a competency training/exam for them to be well versed with application of customs procedures |
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