consignee

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 explained he opened and resealed the container because he was responsible for ensuring no red flags were raised concerning the contents and that the consignee accurately declared the goods, although SARS had detained the container for inspection.

“We were the one that , or I was the one that took that decision . So the actual releasing of the container and ensuring that there is nothing further in that container and to ensure that this consignee was not doing it , or declared his goods accurately on the SAD 500 and the packing list was my duty to ensure that there was no red flags with these entities .”

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.”

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.”