While the contentious customs bills are being fast-tracked by government to pass into law before the forthcoming election, the reality is that they will not come into force any time soon, according to Quintus van der Merwe, partner and head of the international transport, trade and energy department at Shepstone & Wylie. Last Thursday (February 5), the ANC chief whip in parliament issued a statement saying that there were 24 bills before the National Assembly (NA) and 18 currently before the National Council of Provinces (NCOP). This, the statement added, was a total of 42 bills the government had to pass before the elections. The ANC sought to prioritise eight of these bills, which it believed parliament should give special attention to, and to ensure they are passed into law within the current term of parliament. “In determining priority bills,” said the whip, “we have looked at criteria such as complexity, contentiousness, technicality, effect on provinces, and requirement for exhaustive consultation.” However, there is no doubt that the freight and trade industry would argue vehemently about that last criterion. But, Van der Merwe told FTW: “While this will no doubt cause flutters throughout the clearing industry and the many parties that will be affected by the customs bills, these laws will not immediately come into force and effect.” Save for the Amendment Bill, he added, the other bills will be reliant on rules, which still have to be finalised and published for comment. “This is a huge task and, as such, the bills will only come into effect on a date to be proclaimed in the future,” Van der Merwe said. Dr Laurraine Lotter, director of Business Unity SA (Busa), agreed with this assumption. Because it relates to the SA Revenue Service (Sars) income, she added, the Customs Duty Bill and amendments to the Excise Duty Act are likely to be first in line, with the Customs Control Bill becoming effective at a later stage. And, in a Sars’ e-mail forwarded to FTW, this was confirmed. “The bills,” it said, “will only come into operation on a date determined by the president by proclamation.” INSERT & CAPTION The bills will be reliant on rules which still have to be finalised and published for comment. – Quintus van der Merwe
