Transport owners nailed for actions of corrupt drivers

Squeaky clean transporters are paying the penalty for the corrupt actions of drivers smuggling contraband into South Africa as SA Revenue Service continues to impound trucks and cargo, regardless of the innocence of the owner of the vehicle. In terms of the Customs and Excise Act, a vehicle forfeited may be released only if it is used without the consent or knowledge of the owner or the person lawfully in possession of the vehicle – in other words the driver. And it’s this proviso that is the source of concern. In a recent incident, a transporter whose subcontracted drivers used his vehicles to smuggle illegal cigarettes into South Africa had both vehicles impounded. According to Sars, forfeiture could only be avoided if both the owner and the driver did not have any knowledge of the illegal activities. Despite a confession from one of the drivers and his acknowledgement that the owner had no knowledge of the illegal cargo, Sars refused to relent. The vehicles in question were en route from Zambia to South Africa via Beitbridge. The guilty parties in both cases were the drivers who were subcontracted to the carrier. Since the cigarettes in question were a Zimbabwe brand, it was assumed that they had been loaded in Zimbabwe – but despite the innocence of the vehicle owner, his trucks were impounded. According to an industry insider each horse and trailer generates approximately R120 000 per month in revenue – and each day it remains under detention is a major loss to the transport operator. Our source used the analogy of a Boeing 747 cargo carrier. “If the pilot has smuggled contraband on board to the value of R140 000 into South Africa, would the entire cargo as well as the aircraft be impounded for a month? Would the fine be imposed based on the total value or would the pilot be arrested?” We all know the answer to that one. “The innocent party bears all the consequences of the contravention of the act and in so doing the act ironically promotes the continuing efforts of criminals to continue their contraband trade,” a transport operator commented to FTW. “It’s unrealistic to put the onus of prevention on the haulier,” he added. “Check points have been set up at Beitbridge to search vehicles, but they are a snapshot in time and place and it is therefore impossible to give finite assurances that no contraband has been loaded onto the vehicle subsequent to the check. “While no-one disputes the fact that it is the duty of Sars to prevent the trade of contraband, it appears that the reputation and rights of the innocent party are most affected while the guilty continue to walk free.”