Page 4 - AMIE Newsletter August 2024

HOT TOPICS
01 | DELAYS IN ISSUING OF “REMOVAL PERMITS”, INCREASED FREQUENCIES OF TESTING AND CONDITIONS FOR INSPECTORS TO BE PRESENT TO BREAK SEALS
As you may be aware, the Border Management Authority (BMA) is again experiencing substantial delays in issuing removal permits. Additionally, members have reported a notable rise in the requirement for inspectors to be present to break seals, as well as an increase in testing frequencies. These delays are leading to additional financial implications for importers. We are actively engaged in discussions with BMA officials to expedite the clearance of the backlog and resolve these issues.
Increased frequencies of testing and conditions for inspectors to be present to break seals:
According to the order granted by Judge Potteral J on 27 March 2024, the Border Management Authority (“BMA”), when issuing removal permits will only issue removal permits with a condition to the effect that Veterinary seals on consignments may only be broken in the presence of an authorised BMA Veterinary Inspector, based on risk assessment criteria determined by the BMA. AMIE members have reported erratic inconsistent and irrational application of risk assessment criteria by the BMA.
In light of this AMIE’s legal team has sent a letter to the BMA with regards to the imposition of unlawful conditions in respect of removal permits for goods imported through the port of Durban and raised the following aspects:
Inconsistent application of the Risk Assessment Criteria across importers Inconsistent application of the Risk assessment Criteria on a regional and provincial basis
Inconsistent application of the Risk assessment criteria across suppliers
In the letter, we emphasise that there simply are not enough inspectors to timeously undertake all inspections at cold stores. The delays caused by the unavailability of inspectors would further cause prejudice to importers, where the product awaits an inspector to only break the seal. This severely impacts the flow of the importers' business and concomitantly increases the cost associated with the product.
Whilst AMIE and its members accept that the processes as prescribed in the legislative prescripts must be adhered to, these should be attended to more expeditiously bearing in mind that the products are perishable.
We will keep members updated on this matter; AMIE members can view the letter on the membership dashboard under “Documents”.
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