Johannesburg, GT – A multi-defendant Class Action Lawsuit against SARS: Customs & Excise has been announced to be filed in the High Court containing serious allegations of conspiracy to Commit Fraud/Defraud, Corruption, Spoliation and Theft, Intimidation, Incitement including Targeted Harassment. Shipping Lines and Clearing Agents (co-conspirators), participate in orchestrated schemes and are the primary financial beneficiaries! The complaint alleges prejudice, with an innate resentment, targeted at Foreign Nationals (foreign passport holders) including citizens; that has shipped personal and/or commercial goods into South Africa. Allegations are clear and bold stating; SARS initiates deliberate delays in the customs clearance process (Misuse of Government Property), a scheme that delays clearance for weeks/months; meanwhile shipping lines accrue charges up to R4,200 (Four Thousand, Two Hundred Rand) per day to then bill Consignees/Shippers.
One Plaintiff explained starting the clearance process before goods arrived at the port and SARS (Alberton Office) turned away two separate clearing agents when presented with a foreign passport. Another explained how delays can take up to 30-60 days; meanwhile intimidating emails from the shipping line began claiming ‘Cargo classified as abandoned’ even notification of the ‘Auction of Goods.’
Clearing agents are aware of this scheme, as some choose to participate; allowing the elapse of weeks/months, advising their customers ‘There isn’t anything we can do.’ Meanwhile, they’re in possession of ‘Packing Lists’ having a plan to defraud, bidding in the auction for their customers’ possessions. When clearing agents finally obtain clearance from SARS, they proceed to electronically submit required documentation; for shipping lines to generate final billing which includes hefty storage/overstay expenses including other fees. Example: If cargo has been in storage/overstay for 30 days, customers are now faced with an unexpected bill of over R125K (One Hundred Twenty-Five Thousand Rand); proceeded by continual threats pressuring them to ‘Pay Now or Lose Your Cargo.’ When confronting SARS about this scheme one Plaintiff was told: ‘Welcome To South Africa!’
Subpoenas of financial records over several years will clearly expose the amount of revenue shipping lines turnover for storage/overstay including other fees, which are almost 100 times the amount of the transportation of goods. Subpoenas should also include, data analytics showing the averages from cargo arrival until customs clearance; also, drill down data of timelines documenting negligence by SARS; alleged to be explained and blamed on others such as technical delays, 3rd party discrepancies, missing documents, additional customs office visits including other excuses used for justification. A clear and present corrupt scheme, a business model tailored and laid out like a heist; financially pushing individuals up against the wall feeling pressured to make quick and irrational decisions. Many tried to retain composure during many weeks/months, feeling helpless and frustrated by local South African systems and processes; thinking: ‘I planned for everything; but didn’t think to prepare for a fight in a new country!’
This case reads as an in-depth investigative report, pyramiding SARS as the ringleader and the accomplices taking in millions of rand from their corrupt business schemes. Customs & Excise faces overwhelming allegations of providing misleading information with a motive to defraud, while manipulating EDI (Electronic Data Interchange) with poor quality assurance producing a long roadway of negligence and damages, feeling invincible during the process. This case also highlights Direct to Consumer shipment complaints; when imported items/goods are purposely destroyed/damaged, when a foreign passport number is provided for clearance. Packages are inspected as per policy; but contents are never handled with care; as customers are ambushed with compromised packaging materials; with open products now ineligible for return/refunds. The overwhelming number of complaints regarding packages which were not received, with tracking data last timestamped at Customs & Excise.
Representative Plaintiff states: “…There’s a clear motive targeting foreigners with a collaborative celebration of harassment; stealing savings and personal possessions as a welcome package to the country!” As can be heard on a recording between a Plaintiff and a Manager of Business Administration with Hapag-Lloyd, taunting the Plaintiff regarding ‘Sleeping on the floor,’ as Hapag-Lloyd are in possession of all their belongings; in a posture to say: ‘Pay Now or Lose Your Cargo.’
This case sounds the alarm, while creating an advisory for foreign nationals either relocating and/or retiring to South Africa are not financially ambushed adjusting into the country. Many are/were forced to immediately start over after losing everything due to a scheme initiated by a government body, facilitated by shipping lines and clearing agents. This case also sounds the alarm to countries represented by Plaintiffs as a warning to others planning the same. If decisions by foreign nationals to revoke financial resources from the country including, reconsidering moving to South Africa will render a massive setback to the country’s overall growth; already factoring declining VISA renewals/extensions.
This suit seeks restitution of funds lost in the scheme, compensation for negligence and compensatory damages, injunctive relief to prevent future violations, attorneys’ fees including other fines and claims specified by class Plaintiffs. If you or a loved one shipped personal or commercial goods into South Africa in the past 3+ years, whether still residing in South Africa or has returned to another country. You may qualify for compensation by completing an ‘Intake Questionnaire’ at: www.SARSCLASSACTIONLAWSUIT.co.za. Each questionnaire provides the class administrator with pertinent information specific to your claim as they’ll require/request certified documents for verification.
This suit is hoped to bring change for governing bodies of systems, by which individuals are not pushed into financial ruin even harm, embarking new on life in South Africa. The emotional stress of beginning the next chapter of life in another country, to then be impacted by losing your possessions in a scheme, can have lasting psychological effects such as anxiety, panic attacks, including triggers exacerbating other issues. The thought of a portion of savings gone can place panic in the hearts of those who executed on a plan for tomorrow now jeopardized. These and more are the voices joined together as a class of Plaintiffs with courage seeking to be made whole!
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Danila Botha: Danila Botha is a South African journalist who has worked for the SABC and the Sunday Times. She is known for
her reporting on politics and current affairs.
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