Author:malcom-hartwell
SARS on the warpath! March 31, 2022 The South African Revenue Service (SARS) is ramping up demands against road hauliers and warehouse operators, reveals MALCOLM HARTWELL. Over the last few years, we have seen a sharp rise in the number of demands being made by SARS against warehouse operators, forwarders, and their sub-contracted road hauliers for payment of duty and VAT on cargo stolen in South Africa. This has been coupled with a declining capacity at SARS, which has seen almost […]
Transport pricing: private sector safe – for now February 19, 2021 What does the Economic Regulation of Transport Bill 2018 mean to transport operators? MALCOLM HARTWELL explains. The Portfolio Committee recently sat to consider the Economic Regulation of Transport Bill of 2018. The Committee has asked for a more detailed information on the financial, human-resources and legislative implications of the Bill and enquired about the incorporation of public submissions. They also discussed the interface of the Bill with information protection […]
Freight companies concerned about highway upgrades December 16, 2020 The South African National Roads Agency (SANRAL) has announced an upgrade of the N2 on the 55 km stretch from Luvu River on the South Coast to eMdloti on the North Coast and the N3 on the 80 km section between Durban and Pietermaritzburg. Commuters and freight companies have, however, expressed their concerns about the possible delays – in particular to the Spaghetti Junction interchange. This will add to the existing […]
Border Management Authority: Consolidation or complication? October 20, 2020 Given our desperate need to grow the economy, it is hoped that the Border Management Authority (BMA) will simplify trade as well as reduce crime In advance of the long-awaited new customs and excise regime, the BMA Act has been passed into law, although its commencement date has not yet been set. It will be some time before the effect of this legislation is felt, but it is designed to create […]
At the time of writing, as the national lockdown moves into Stage 4, fortunately the government has realised that without transport there is absolutely no economy, and some restrictions are being lifted. Many transporters will have already realised that a number of the losses they are facing are simply not covered by their insurance. Apart from assessing claims against existing policies, transporters urgently need to review their insurance arrangements going forward, because there is no doubt that Covid-19 and its […]
Transporters developing or using blockchain technology in South Africa must ensure that they do not breach competition law and do not create platforms for collusion among rivals, warns MALCOLM HARTWELL, Durban-based director of law firm Norton Rose Fullbright Distributed ledger (DL) technology in the form of blockchains, smart contracts and cryptocurrencies are revolutionising trade and transport. This is partly due to the efficiencies DL technologies create by automatically managing processes, and by enhancing cooperation between all of the parties involved […]
Cryptocurrencies and the freedom of trade embraced by the African Continental Free Trade Area Agreement (AfCFTA) offer enormous potential for growth in the logistics industry in Africa. Strong political will and competent assistance with technology and regulatory support will, however, be required. The AfCFTA has come into force after receiving 22 ratifications. It seeks to create the world’s largest free trade area by allowing for the free movement of goods and people between African member states. It does not replace […]
Global trends show a strong correlation between regional economic growth and developing regional hub ports as gateways to trade. South Africa and Durban are strongly placed to provide massive gateway hubs such those that have developed in the rest of the world and are developing around Mombasa in eastern Africa. These hubs are competing with various ports in western Africa. A very real question mark hangs over the ability of South Africa and Durban to deliver on this potential and […]
Road hauliers have apparently ignored the government’s invitation to comment on the Economic Regulation of Transport Bill 2018, probably because it does not seem to affect them directly. That assumption is correct insofar as it applies to all the state-owned entities involved in transport, but the minister of transport can apply the legislation to any transport company if satisfied that certain circumstances exist. In any event, the economic regulation of state-owned transport will indirectly affect road hauliers and logistics companies. […]
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