Issued by: Ministry of Finance
28 November 1995
ALLEGED MISCONDUCT BY CUSTOMS AND EXCISE OFFICER AT THE JOHANNESBURG INTERNATIONAL AIRPORT
The Department of Finance would like to take this opportunity to comment on allegations made in newspapers of Tuesday 28 November 1995 regarding the conduct of a Customs and Excise official at Johannesburg International Airport.
On Friday 24 November 1995 a passenger, later identified as Dr Libertina Amathila, Namibia's Minister of Housing, Local and Regional Government, arrived at Johannesburg International Airport from an area outside of the S A Customs Union. The passenger's baggage was collected on her behalf and taken through the green channel in the Customs Hall, thereby indicating that there were no dutiable or prohibited goods to declare.
The person handling Dr Amathila's luggage was stopped by the Customs and Excise official on duty in the Customs Hall who requested that a customs declaration form be completed in respect of any goods purchased overseas. The person concerned advised the Customs and Excise official that the goods belonged to Dr Amathila, who was in the VIP room. Dr Amathila was requested to complete the required declaration form, but was unwilling to do so. She was also unwilling to disclose the value of the goods brought into the country.
The officer advised Dr Amathila that she was taking goods into South Africa and there was no provision in the Customs and Excise Act whereby she could be exempted from payment of duty on goods imported. On the other hand, the official also explained that passengers who remain in the transit areas of the Airport en route to Namibia or any other country would not be required to pay duty on goods that remain in the transit area as such goods are not considered to have entered South Africa.
In terms of the Customs Union Agreement between South Africa and the other member countries, which include Namibia, customs duty should be paid at the point of the first entry into the Common Customs Area. This is applied in all cases of passengers arriving in any of the goods will be removed from the country of first importation. Therefore, in terms of the legislation, the officer was correct in insisting that duty should be paid.
After the matter had been raised at a diplomatic level, the goods were released and Dr Amathila was allowed to proceed with the understanding that the goods would be declared on arrival in Namibia.
The Customs and Excise officer has refuted the allegation that he was in any sense abusive or under the influence of liquor. The Department of Finance feels that it is most unfortunate that criminal charges have been laid. This having been done, however, the matter will now have to follow the normal course of events. The Commission of Customs and Excise will give their full co-operation.
Enquiries: Dr S.P. Basson 012 314 9744 Customs & Excise