South Africa Law

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My car was pund and they reused to give me the claiming i…

My car was pund...

My car was pund and they reused to give me the claiming i need to pay a fine if i dont have a proof that the car used be out of the country after each 6 months. Kindly advice which act and rule is that one

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

South africa

Lawyer's Assistant: What steps have you taken so far?

Went to custom service with documents requested ,

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Was advised need to pay a fine of R20000

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Answered in 10 minutes by:
1/18/2018
CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1,712
Experience: BCom; LLB; Masters in Law
Verified

Hi there and thank you for your question,

I am a practicing attorney based in South Africa and I will try to assist you with your legal question but please feel free to ask as many follow up questions in order to clarify your initial question. If you have a new question, you must please open a new thread.

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

Do you mind if I take a moment to review your question? I will come back to you shortly!

CaseLaw

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Customer reply replied 7 months ago
give me caselaw
basically am practicing attorney i have never dealt with the kind of matter before . Kindly advise , which case law should i go about or any act

I'm afraid that I don't actually know what you're asking?

Did you buy the car from outside of South Africa and then bring it over the border into SA? Or what?

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Customer reply replied 7 months ago
i bought the car in swaziland..

And then I assume that you DIDN'T legally import it. Rather, you just drove the car over the border and you've been using the car here in SA without registering the car here? If that's that case, then you will need to pay the fine and remove your car from SA. You'll need to take it back to Swaziland. Then, you will need to import it properly.

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Here is some information about importing a second hand car: https://www.gov.za/services/import/importing-second-hand-or-used-vehicle

Also, here: http://www.driversdirectory.co.za/how-to-import-cars-into-south-africa/

If my answer hasn't provided you with enough clarity regarding your initial question, please send me a REPLY with follow up questions so that I can continue to assist you in this same thread for as long as you need. Let me know if you need more advice - don't just rate my answer as "bad".

If my are HAPPY with my answer then please click one of the STAR ratings or the SMILEY FACES to rate my answer!

Good luck and best regards,

CaseLaw

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Customer reply replied 7 months ago
thats not the case.. the car was legally imported.. all the papers intact. i got a new passport and for a year i havent left the country

So what's the problem?

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Customer reply replied 7 months ago
the problem is according to them am supposed to go out of the country after 6 months
Customer reply replied 7 months ago
because i am also a foreigner in south africa.. so i am suppose to drive out the car every 6months

If your car was legally imported, then it is registered in SA and you don't need to take it out of SA at all. It is a SA car.

Are you sure that they are not talking about you, as a foreigner. Like leaving the country every 6 months so that you get a new visa?

It makes absolutely no sense whatsoever to me what you're saying.

I don't think that you did legally import the car. I think that that is the problem. I think that you need to visit the traffic department and check with them whether your car was legally imported. Do you have Swazi plates on it, or SA plates?

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Customer reply replied 7 months ago
i have swazi plates on it

Then you never imported it legally. That's the issue.

You need to read up on the links that I sent you above, and import your car legally.

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Customer reply replied 7 months ago
I used to work at Swazi and now am a student that the reason,
maybe i dont understand when u talk about the legally import. because we can easily drive from swazi to sa without problems. and i have the blue book that carries the car informations

Legally drive over the border is NOT the same as legally importing the vehicle.

You can legally drive it over the border into SA, but you can't stay here forever. You need to take the car back to Swazi every now and then. You didn't. That's why they have given you a fine. That's why they are telling you to take it back every 6 months.

I think that I've answered your question.

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Customer reply replied 7 months ago
how much is the fine suppose to be?

i have no idea. It depends on how long it's been in SA illegally.

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Customer reply replied 7 months ago
lets say 9month

I have no idea. You're going to have to speak to the traffic department, or the Government Dept who has your car. The fine would be issued in terms of regulations passed in accordance with the Customs Act. I don't know which regulations they are.

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Customer reply replied 7 months ago
ok thank you

It's a pleasure - please can you take a moment to rate my services!

CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1,712
Experience: BCom; LLB; Masters in Law
Verified
CaseLaw and 87 other South Africa Law Specialists are ready to help you
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Customer reply replied 7 months ago
Is it possible for the customs to auction a impounded Swaziland car in South Africa ?

Yes, it is.

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