Ignorance of the law is no excuse

Ashokumar: “To my
surprise I was pulled
aside by customs at the
Durban International
Airport.”
De Lange: “We have
to assume that Nitasha
went through the ‘green
channel’ – thus having
nothing to declare. A
customs official can stop
any person going through
a ‘green channel’ to
verify that they indeed
have nothing to declare.”
Ashokumar: “The
officer asked me, ‘what
amount I had purchased
for’ – my reply was
R2 700-R3 000.”
De Lange: “It seems
that Nitasha did not
have receipts for her
purchases. In other
words she could not
substantiate the value of
the goods that she had
purchased abroad. If you
are not able to prove the
value of imported goods
then the customs official
can assess them.”
Ashokumar: “He said
that I was within the
limit but he still went
through the cost of each
item with me.
“He then said that I
need to pay a fine of
R792 + VAT of R555 =
R1 347. He said if I do
not pay my stuff will be
held back at the airport
until I do pay. He did not
want to listen to anything
that I said – just pay the
money.”
De Lange: “Not sure
how the ‘fine’ amount
was arrived at, nor the
VAT amount. I can only
suggest that Nitasha
gets Sars to clarify these
amounts.”
Ashokumar: “He did not
want to listen to anything
that I said – just pay the
money, he said.”
De Lange: “It is normal
practice for the customs
official not to engage in
debate. Remember that
the official does not have
discretion in enforcing
the Act. Nitasha can
now write a letter to the
customs controller at the
airport through which
she returned to provide
her facts, and ask for
the controller to review
the matter.”
Ashokumar: “I did read
the booklet that states
that I can bring in goods
to the value of R3 000
but it does not state if
there is a quantity limit
to a particular item e.g.
the number of sarees.
I am aware that the
total of the goods must
be R3 000. Can you
please supply me with
the quantity of each item
that can be brought back
to SA – especially sarees
and punjabis.”
De Lange: “Remember
what was stated earlier
– ‘imported for personal
use’. Remember that
there are quite a few SA
citizens that go overseas
and purchase goods with
the intention of selling
them here.
“There is no limit on
the amount of sarees and
punjabis – or, for that
matter, any other product
that you may import.
However, a word to the
wise – get an invoice or
receipt from the person
from whom you bought
the products. The burden
of proof is with you, the
importer, to prove the
value of the imported
goods. But another word
to the wise – do not buy
a product, for instance
a product that is 100%
silk, and then state its
value at a very low
price. That will just alert
suspicion. We have all
heard of people doing
just that.”