Customs and Excise Act, 1964 (Act No. 91 of 1964)

Customs and Excise Rules

Chapter V : Clearance and Origin of Goods: Liability for and payment of duties

Rules for Section 38 of the Act

Detention and release of detained goods

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38.11

(a)A detention notification contemplated in rule 38.09(a) or in rule 38.10(a)(ii) may specify that such goods are—
(i)detained at the place where they are kept after landing or for loading or in the customs and excise warehouse as the case may be; or
(ii)to be removed to a place indicated by the Controller.
(b)Goods detained—
(i)shall, while so detained, not be removed or otherwise be dealt with except—
(aa)as authorised by the Controller; or
(bb)if the goods are detained only for the purposes of any authority administering any other law as contemplated in section 113(8), as ordered by such authority.
(ii)may only be delivered if release is authorised by—
(aa)the Controller on form DA 74;
(bb)the authority contemplated in subparagraph (i)(bb); or
(cc)an electronic release message that releases goods previously detained as contemplated in rule 38.09(a) or in rule 38.10(a)(ii).