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.”