clearing agent

Colonel Jacob cannot recall if the container was resealed after the 1st of July 2021 unpacking and emphasized police had no further interaction with the container after handing it to the clearing agent.

“I actually cannot recall ... the reason for that is when we released the container into the clearing agent's hands ... I cannot say whether it was resealed or not. I am unsure.”

Advocate Baloyi challenged Colonel Jacob's assertion that resealing the container after unpacking was of no consequence to police procedure, stating that sealing is critical for verifying custody and police must document and seal containers after interventions.

“But what do you mean you have no interest, whether you seal it or not is irrelevant? ... you take pictures of everything that you do ... that is why you have a record of what was done when we locked it up, and here is the seal number ... That is why you take pictures ...”

Colonel Jacob responded that the clearing agent was satisfied with the unpack, so in his mind there was no need to reseal the container, though he acknowledged hearing the concern.

“He is the clearing agent, he was satisfied with the unpack with all of the occurrences ... in my mind, there was no need, but it seems like we did seal it. But I hear what you are saying.”

During a police operation on 1st July, the protocol requires that when opening a container, records must be made including pictures of findings and seals, regardless of the presence of a clearing agent.

“This was a police operation on the 1st of July. It was. When you went and opened there, at least we must assume for now, that you were conducting a police operation on the 1st of July. You got there you instructed that that container be opened in the exercise of police function. That is why it is in your diary, right?...You record what you have done, you take pictures of what you found there, and then you close up and you record the seal number. That is what I am suggesting to you, that you record and you take pictures, including pictures on the number of the seal that you have used to reseal the container, whether or not the agent is there.”

Colonel Jacob suggested the consignees or clearing agents might have made a shortfall in the number of bags declared to them, implying possible knowledge of drug smuggling using the container.

“If there was deception involved on the part of the consignee , the clearing agent , in terms of maybe a short fall in the number of bags . I am just giving you an example . Instead of 5395 bags , they have now had 5200 bags , or even a lesser amount . Then it would indicate to me that maybe they had made allowance for the carting of this Cocaine to South Africa .”

Colonel Jacob stated that the packing list matched the number of bags present, indicating no deception on the part of the clearing agent or consignee.

“But the fact that their number of bags corresponded with the shipping documentation , the packing list , to me was an indicator that there was no deception on their part .”

In breaking the seal of a container carrying valuable commercial cargo such as bone meal, it is required to inform the clearing agent or consignee that the seal will be broken.

“By experience, you need to inform either the clearing agent or the consignee. But basically, the person who is responsible for that container needs to be aware that it is going to be such.”

The search of the container was a consensual or voluntary search agreed upon with the clearing agent who was custodian of the container and the warehouse manager who was familiar with what was expected.

“in my mind, Commissioners, it was a consensual or voluntary search that was agreed upon. A t that point in time, the clearing agent was the custodian of that said container. And I took Captain Duma's word that, yes, he had phoned the relevant parties, and now he had spoken to the warehouse manager. And when we did arrive there, she was familiar with what, you know, we expected of her.”

Captain Duma indicated he had spoken to the transporter and clearing agent regarding the container.

“And Captain Duma further indicated that he had spoken to the transporter and the clearing agent.”

Colonel Jacob obtained statements from the transporter, clearing agent, and consignee during the investigation; none expressed dissatisfaction with the container being opened.

“During the course of this investigation, I eventually obtained statements from the transporter, the clearing agent, the consignee, all of them... none expressed any dissatisfaction with the container being opened at no stage.”

Clearing agents must be informed and give consent before their container is opened as they act as custodians and representatives of the consignee.

“They are the custodians or the ones that basically take responsibility on behalf of the consignee ... So it is only proper that they are made aware and either give consent.”

Megafreight's Floweday's statement says under no circumstances may officials break the container seal without the presence of the client owner of the shipment and that an inspection report must be completed and the container resealed.

“Under no circumstances the officials will break the container seal without me being present, as I will be representing the client who is the owner of the shipment in the container. After then it is opened and inspected, the container will be resealed with a new seal. I, Floweday, will then prepare the inspection report and invoice the clearing agent.”

A container with goods including bone meal was supposed to be cleared by a clearing agent and transporter from a bonded area and driven out; the goods were detained due to association with other counterfeit goods from the same shipper.

“they would have to have driven it out. So someone would have to have cleared it from the bonded area, loaded it in a truck, and driven it out. So we are looking at a clearing agent and a transporter.”

Elias Mosetla and Ntungwa were also working for the clearing agent, not directly employed by Scania.

“According to the information I received, those people I was informed they are working for the clearing agent”