Export and Import Control Act, 1984

Jurisdiction
Lesotho
Citation
Act 16 of 1984
Date
1 October 1984
Language
English
Type
Legislation
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Lesotho

Export and Import Control Act, 1984

Act 16 of 1984

ACTTo control export and import of goods in Lesotho.Enacted by the Assembly.

1. Short title and commencement

This Act may be cited as the Export and Import Control Act 1934 and shall come into operation on a date to be fixed by the Minister by notice in the Gazette.

2. Interpretation

In this Act, unless the context otherwise requires—"bona fide gift" means an unsolicited gift for which no charge has been made or is to be made, sent to the addressee for his personal use or for the use of his family, and certified by the addressee, to be a "bona fide gift;""Common Customs Area" means the combined areas of Botswana, Lesotho, Republic of South Africa and Swaziland;"Customs Union Agreement" means the agreement as defined in the Customs and Excise Act, 1982;[Act No. 10 of 1982]"Director" means the Director as defined in the Customs and Excise Act, 1982;[Act No. 10 of 1982]"Free on Board Price" means the price charged in respect of any imported goods by the exporter plus all the costs and charges incidental to the sale in question and to plac­ing such goods on board ship, aircraft or any vehicle ready for exportation and any agent’s commission, cal­culated on such price, costs and charges, in respect of such goods;"goods" include all wares, articles, merchandise, animals, currency, matter or things;"Minister" means Minister responsible for Finance;"Officer" means the customs official or any member of the Lesotho Mounted Police or of the Lesotho Paramilitary Force.

3. Powers of the Minister

(1)The Minister may, whenever he deems it necessary or expedient in the public interest, by notice in the Gazette prescribe that no goods of a specified class or kind or no goods other than goods of a specified class or kind shall be:—
(a)imported into Lesotho;
(b)imported into Lesotho, except under the authority of and in accordance with the conditions stated in a permit is­sued by him or by a person authorized by him;
(c)exported from Lesotho; or
(d)exported from Lesotho, except under the authority of and in accordance with the conditions stated in such a permit.
(2)For the purposes of subsection (1) goods may be classi­fied according to the source or origin, or the intermediate or final destination of goods or according to the channels along which or manner in which goods are imported or exported or according to the purposes for which goods are intended to be used.
(3)A permit issued under subsection (1) may prescribe the quantity or value of goods which may be imported or exported thereunder, the price at which, the period within which, the port through or from which, the country or territory from or to which and manner in which the goods concerned may be imported or ex­ported, and such other conditions of whatever nature as the Mini­ster may direct.
(4)The Minister or any person authorized by him, may subject to an appeal to the High Court:—
(a)amend or suspend any permit issued under subsection (1); or
(b)cancel any permit if the holder of such permit has per­sistently contravened or failed to comply with the re­quirements of this Act or has committed any offence re­ferred to under section 6.
(5)The Minister may by like notice withdraw or amend any notice issued under subsection (1).
(6)Where the holder of any post in the Public Service is, in terms of this section, authorized to issue a permit thereunder, any such permit may be issued by any person who at any time per­forms the functions attached to such post.

4. Furnishing of information to Minister

The Minister or any person authorized by him may in writing direct any person who imports, exports or manufactures any goods or trades in any goods or in the course of his business or trade handles or has under his control any goods, to furnish the Minister within a specified time with any information at his disposal in relation to the importation, export, manufacture, sup­ply or storage of the goods concerned.

5. Designation of inspectors and powers of director and inspectors

(1)The Director shall, subject to the control of the Minister, be charged with the administration of the provisions of this Act and shall perform the duties and may exercise the powers imposed or conferred upon him by or under this Act.
(2)The Director may designate officers or employees in the Public Service as inspectors, who shall, subject to his control, per­form the duties and exercise the powers imposed or conferred upon them by or under this Act.
(3)Subject to subsection (6), the Director or an inspector may conduct investigations to determine whether this Act or any notice issued thereunder or the conditions stated in a permit is­sued under section 3 are being or have been complied with or to gather such information as he may desire in connection with the performance of his duties or the exercise of his powers, and may at all reasonable times—
(a)enter upon and inspect any place, premises or vehicle in or on which there is or is suspected to be manufactured, supplied, stored, handled, sold, removed, transported or otherwise dealt with, any goods to which this Act applies;
(b)direct any person who manufactures, supplies, stores, handles, sells, removes, transports or otherwise deals with, or has manufactured, supplied, stored, handled, sold, removed, transported or otherwise dealt with, such goods, or any servant or agent of such a person—
(i)to produce to the Director or inspector any such goods or book or other document in connection with such goods in his custody or under his control;
(ii)to furnish the Director or inspector at such place and in such manner as he may specify, with such infor­mation in relation to such goods, book or document as he may specify;
(c)inspect any such goods or any book or document or make extracts from or copies of any such book or document;
(d)seize any goods or any book or document which may af­ford evidence of any offence in terms of this Act, and remove from, or leave on, the place, premises or vehicle concerned any such goods, book or document or any quantity thereof and, if he considers it necessary, leave on such goods, book or document or the container there­of, any identification mark or seal which he considers necessary.
(4)Any person having in his custody or under his control goods or any book or document referred to in subsection (3), or any servant or agent of any such person shall at the request of the Director render such assistance as may be necessary to exa­mine such goods, book or document.
(5)The Director or inspector shall furnish to the owner or person in control of, or who has in his custody, anything seized and removed under subsection (3) with a receipt.
(6)The Director or an inspector shall not exercise any powers under this section unless he is at the time of exercising such power in possession of a certificate issued—
(a)in the case of the Director, by the Minister or a person authorized by him; or
(b)in the case of an inspector, by the Director, in which it is stated that he is authorized to exercise such powers,
which certificate shall be produced on demand.
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History of this document

01 October 1984 this version
15 June 1984
Assented to