Blanket application of new law criticised

JOY ORLEK THE MAY 1 imposition of a restriction on the ports of entry into South Africa for medicines is creating a logistical nightmare. The Department of Health initiative limits entry points to Johannesburg International Airport or the ports or airports in Cape Town, Port Elizabeth and Durban. The problem, says Ed Little executive director of the South African Association of Freight Forwarders, is that in the absence of a schedule of the medicines and related substances coupled to their Customs tariff headings, Customs has had no option but to apply the ruling to all medicines falling within Chapter 30. Ths chapter however includes a number of medicines intended for animal consumption which fall outside the ambit of the Medicines and Related Substances Act – No. 101 of 1965 and these are also being stopped, leaving the importer to provide the necessary evidence, and adding to the time and cost of the transaction. As dressings also fall under the ambit of Chapter 30 they too are being treated in the same manner, says Little. While full container loads can be sent back to Durban for clearance, the same cannot be done with groupage consignments manifested to Johannesburg, which Johannesburg Customs is trying to deal with on an ad hoc basis. FTW understands that the Department of Health consulted with the pharmaceutical industry, but not with the freight forwarding industry, before implementing the regulation. And the forwarding industry is now faced with the practical implications. If we are going to limit the ports of entry, why exclude East London, says Little. Are the Customs authorities at that port deemed to be any less competent than those in Port Elizabeth? With regard to medicines manufactured in Zimbabwe, “are we not adding unnecessarily to their cost by requiring that they be airfreighted to South Africa, or sent down to either Beira or Maputo so that they can arrive by sea and be cleared at the port of Durban?” he asks. Little believes these measures should be suspended until the Department of Health has been able to determine the quantum of medicines and related substances that are being imported via ports not included in their legislation in order to determine whether the exclusion of certain ports can be justified. “Should an exercise not be conducted jointly with Customs in order to classify, in terms of tariff headings, the various medicines and related substances with which the Department of Health has concerns?” The relevant representative at the Department of Health could not be raised for comment at the time of writing.