27 August 2013
Even though the procedure has been exposed as bogus, arrogant customs officials still get on the bandwagon. See http://www.noonsite.com/Countries/SouthAfrica/south-africa-richards-bay-durban-foreign-yachts-charged-new-tax
Just yesterday afternoon I had to pull some bullying upstart called Patricia in customs in line when they thought I was a visiting yacht to try their arrogant attempt at intimidation on. I had called up to assist a visiting yacht. Their supervisor agreed to pull them into line too. Nice guy called Mtembu. His number is 0824115728 Provocation is a crime in this country and one can get a restraining order. Article 384 Criminal Procedure Act. The new harassment act could also be used. Officials who behave in a provocative, intimidating or overbearing manner can look forward to some court orders to pull them back into line. This is fair warning and this statement amounts to a legal threat. It is a social responsibility to curtail the Abuse of power. This will stop voluntarily or be stopped by incarcerating individuals that need to be removed from office or even society if necessary.
It looks like the time has come to get a court order on this.
If you have been a victim of this campaign then please send me an e-mail on firstname.lastname@example.org and please send copies of the documents they presented and who the people involved are. I cannot represent you but I will co-ordinate the necessary procedure to put a stop to this and perhaps even get you a refund.
There needs to be full and frank disclosure of what lies behind this and what these officials purport their authority and objectives are in this sporadic campaign of theirs.
So far Customs / SARS have only been able to point to an act that deals with importation of commercial land vehicles that has absolutely nothing to do with small craft and vessels at sea (which falls under the Admiralty Jurisdiction of the courts). Based on their current lack of disclosure, they can be interdicted and will have to start paying back fines collected.
If the locals do not get heavy about this then the abuse by some customs members who think they have a right to intimidate people will simply continue and gain momentum.
This matter also needs to be addressed at ministerial level.
If you are a commodore at a yacht club, please stand up and be counted. Send me your contact details and all the information you have gathered about this. Time to be a unified voice here instead of small voices complaining in secret behind the scenes.
My cell no is 0731567825. Call me.
Right, so these officials have let their powers to detain vessels in terms of section 88 of the Customs and Excise Act go to their heads. Just been on the line to one of the largest shipping lawyers in the country and they have also lost their patience with this. The procedure is to notify them in terms of section 96 that we intend to take legal action and why. This is normally resolved by a directive from head office.
The process of get orders to bind the peace is also simple and I will generate a draft affidavit which anyone can take to a magistrate and obtain an interim order for free. Once the order is granted the supervisor of the person the order is binding against will need to be suspended from duty.
Cost for the sect 96 notice is about R 5,000.00 so its time those affected by this and some yacht clubs put their money where their mouth is.