Update on import cargo from ports
With 10 days since national lockdown, authorities have become more and more stringent on regulations, and have further amended the regulations set out since our Presidents address on 23rd March 2020. We thank you for following guidelines set out and assisting our team.
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The movement of non-essential cargo can take place from Terminals and airlines for Imports only to assist with clearing the backlogs at port of non-essential cargo. Currently no Exports of non-essential cargo is being accepted. The restrictions however still state that non-essential cargo cannot be moved across provinces and can only be uplifted from terminal or airline and be moved to a storage depot. The cargo will only be delivered after lock down is over, currently still 17th April 2020.
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The Companies and Intellectual Property Commission (CIPC) has also begun reviewing applications submitted to their Bizportal website (www.bizportal.gov.za). They have found that non-essential goods and service providers are applying for permits as well. The successful application does not grant the company the right to operate if they are non-essential, as they must still fall within the regulations set out.
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As a result, the Department of Trade and Industry have started cancelling certificates of companies not providing essential services during the lockdown. DTI have quoted saying that; “It is a criminal offence for any business to continue operating during the lockdown period if it is not providing an essential service, as defined in the applicable regulations and direction, unless such business can be operated using work-from-home arrangements. It is also a criminal offence for any business which misrepresents the nature of its operations in order to obtain a CIPC certificate.”
Source: https://www.gov.za/speeches/trade-and-industry-cancels-certificates-companies-not-providing-essential-services-during
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The team at Global Logistics Alliance continue to operate within the guidelines set out by Government. The list of essential goods and services, as defined by the Disaster Management Act published in the Government Gazette, is limited to essential services or need to be essential to one of the listed essential services. It’s vital that all information submitted by the cargo owner to the portal is correct and aligned to what is required from the authorities to avoid prosecution. We endeavour to ensure documents submitted to authorities are compliant and clients are kept up to date on the status of their orders.
We also have a copy of the list of Essential Goods and Services on our website.
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We have also received notification from Transnet for declaring Force Majeure in its commercial agreements and Standard Trading Terms and Conditions. “Any outbreak of epidemic proportions, any plague or quarantine period declared as a result thereof is regarded as a Force Majeure Event in terms of such agreement.”
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They have advised that this will be in effect from April due to the unforeseen pandemic and the regulations that have been implemented by Government. In essence, port operations may be limited or prevented from performing its operations/ obligations and will be relieved of their liability for delays or services under their terms. Transnet has reduced some operations and are working with limited staff and skeleton crews to ensure health and safety procedures are followed. They have also suspended all applicable contracts during the lockdown.
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While essential cargo can still freely move through the supply chain, non-essential cargo will be placed on hold until after the lockdown. We are waiting for further updates for moving and handling non-essential cargo.