Transporters play into the hands of corrupt officials

Bribery and corruption are alive and well at South Africa’s border posts, evidenced by an increasing number of non-tariff barrier (NTB) complaints – and feedback from agents and transporters. Truck drivers, particularly foreign-owned transport companies, continue to be targeted and this is likely to continue until companies and drivers stop playing into the hands of corrupt officials, according to FTW sources. “We are aware that some transporters give their drivers a certain amount of cash to clear their goods quickly and avoid hefty fines or delays,” said Mike Fitzmaurice, head of the Federation of East and Southern African Road Transport Associations (Fesarta). He told FTW that issues often arose out of a misinterpretation of crossborder or transit regulations or they were simple extortion. “However, when the drivers pay a bribe to avoid a ticket, there is no proof for us to be able to follow up on their behalf.” He said that while anyone could register on the NTB website and submit an NTB, it was recommended that they direct their issues through Fesarta. “Not all issues are classified as NTBs and often need to be clarified by us first. It is only called an NTB when there is an intervention required at a high government level related to policies or regulations or if the problem that arises is a regular occurrence,” he said. Fitzmaurice added that for an NTB complaint to receive the necessary attention and resolution, documentary proof of the incident was vital. The latest NTB, submitted by Fesarta, refers to a driver who was fined US$1 500 for allegedly violating the third country rule by collecting a load in South Africa, transiting Zimbabwe and offloading in Beira, Mozambique. When issuing the fine, the official noted that there was no cross-border permit. “However, the ticket issued referred to Article 102 of the Road Traffic Act (designated areas which allow for pedestrian traffic) and was not related to the offence. Furthermore, it did not specify the nature of the offence and only referred to the detention or removal of documents as per Article 122 of the Road Traffic Act,” said Fitzmaurice. In this case, the fine was submitted as evidence. Several transporters and clearing and forwarding agents submitted anecdotal evidence, on condition of anonymity, to FTW. These are evidence that the issuing of incorrect fines or an element of extortion at several southern African borders are not isolated incidents. One agent told FTW that Mozambican officials had only recently started closely scrutinising cross-border permits and seemed to be issuing a number of fines. “The highest fine received to date has been for R3 000,” he noted. A transporter told FTW that his small delivery goods vehicle had been stopped by a Cross-Border Road Transport Agency (CBRTA) official near a tollgate on the N4 (en-route to the Lebombo/Ressano Garcia border post) and a spot fine of R2 500 was demanded as the goods were destined for Mozambique but the vehicle did not have a cross-border permit. “He demanded we pay the fine in cash on the spot before we could continue, even though we explained that the goods would be offloaded and consolidated at a warehouse in Komatipoort to be moved across the border at a later stage – in a truck that which would have a cross-border permit.” After much discussion, the vehicle was allowed to pass, with a written fine in the driver’s pocket (the fine due date was for late the next month). Seven days later (long before the fine due date), the company’s truck tried to cross the border – with the correct cross-border documentation – but was held up and told to pay the fine (again in cash) before the vehicle would be allowed through. “After another heated discussion and a refusal to pay our vehicle was eventually cleared,” he said. However, several other agents noted that they had never seen cross-border officials harassing drivers. “We have offices at a number of Mozambican borders and can honestly say we have never seen drivers being harassed. Some drivers also make mistakes and try to cover for themselves. Alternatively the fines may not be related to a municipal offence,” our source said, adding that FTW should “check its facts” before discrediting Mozambique customs or police officials. INSERT R3000 The highest fine to date in Mozambique. INSERT & CAPTION We are aware that a number of transporters give their drivers a certain amount of cash to clear their goods quickly. – Mike Fitzmaurice