There is a duty on an importer to take responsible steps to ensure that goods purchased overseas and shipped to South Africa meet legal requirements. This can be a tricky business, since there is a host of requirements, depending on the nature of the goods. For instance: Electrical • and mechanical goods may need to be approved by the SABS. • Foodstuffs may need to be approved by health or veterinarian authorities. • Fish, shells, plants may require permits and approval in terms of CITES or the Marine Living Resources Act. • Goods may require an import permit. Customs, as the enforcement agent, is obliged to enforce the provisions of these various Statutes. The Counterfeit Goods Act 37 of 1997 (“Counterfeit Goods Act”) and the Tobacco Products Control Act 83 of 1993 are just two of these Statutes. Section 15 of the Counterfeit Goods Act and section 113A of the Customs and Excise Act 91 of 1964 (“Customs Act”) lay out the powers and duties of Customs officials with regards to counterfeit goods. In terms of the Counterfeit Goods Act, if the owner of an intellectual property right suspects that goods bearing the subject matter of his intellectual property are being imported illegally, he has the right to apply to the Commissioner for Customs and Excise (“the Commissioner”) to seize and detain all counterfeit goods. It goes without saying that the person bringing the application to Customs must prove that he is the owner of the intellectual property and that the imported goods have been imported illegally. The sale of counterfeit branded footwear and clothing is a booming business in South Africa. Customs recently stopped 56 containers containing clothing which is suspected to have been illegally imported into South Africa. To put this into perspective, from April 2010-October 2010 Customs performed 2 536 seizures of counterfeit goods including clothing, footwear, CDs etc with an estimated value of R573 million. The illegal importation of cigarettes is of particular concern to Customs. Sections 35A and 54 of the Customs Act deal with the importation of cigarettes into South Africa. If the cigarettes do not bear the diamond stamp approved by the Commissioner, the cigarettes may not be distributed on the local market. It is estimated that the illegal cigarette industry costs the government more than R2.6 billion in tax revenue per annum. During the April 2010-October 2010 period, Customs performed 2 541 contraband cigarette seizures worth an estimated R101 million, and 147 seizures of counterfeit cigarettes with an estimated value of R7 million. Illegal imports cost our country billions of rands every year. When purchasing a product – be it clothing, CDs or cigarettes – be wise and purchase original goods and ensure that you have the rights to
