Warning to transporters as truck is impounded

The recent impounding of a truck
involved in alleged smuggling of
undeclared diamonds and gold
nuggets at Beitbridge border post
has brought into sharp relief the
vulnerability of transport company
owners.
The truck driver was arrested and
faces an additional charge of bribery
for offering to pay R200 to avoid
driving his truck through the scanner.
When the concealed contraband was
found, the driver offered a higher
amount and he was subsequently
arrested.
Any legal authority – including
the Border Police, the SAPs and SA
Revenue Service (Sars) customs – is
empowered to impound any vehicle
involved in criminal activity.
Container truck operator, Kevin
Martin, immediate past president
of the Durban Harbour Carriers’
Association (DHCA), told FTW that
a first lesson for owners is: “Get to
know your clients and your drivers.”
“Just remember, if the truck owner
can prove that he was not involved
in the crime, he’ll eventually get his
truck back.”
And, if you wish clarity on what
the impounding of the vehicle
constitutes, you have to differentiate
between “detention” and “forfeiture”,
said Andrew Robinson, SA director of
legal firm, Norton Rose Fulbright.
“In this Beitbridge incident, the
authorities would have issued the
relevant documentation to impound
the vehicle.
“A vehicle will be detained while
further investigation is being done,”
he said. “But a vehicle being forfeited
only follows if there is proven wrongdoing
on the part of the owner.
“In the case of detention, a vehicle
will automatically be released to
the owner after the investigation
is complete. But, in the case of
forfeiture, the truck will be sold off by
the state.”
The declared cargo on this
particular truck was toilet rolls,
and FTW was told that the vehicle
was incoming from Zimbabwe to
SA. There can be no doubt that this
tipped off customs that there was
likely to be something remiss in this
load.
What likelihood is there that a
supplier in Zimbabwe – a country
where just about all goods are in
critically short supply – would be
exporting toilet rolls to SA?