Cost of Non-Compliance
What Happens If I Import Without a Certificate of Conformity?
From 20 September 2026, Phase 1 goods from Mainland China imported into South Africa without a valid Certificate of Conformity are liable to detention under Section 88(1)(a) of the Customs and Excise Act. The goods may be forfeited under Section 87(1). Demurrage charges accrue from the moment the goods arrive at the port. An administrative penalty under Section 91 may also be imposed.
The cost of non-compliance — demurrage, potential forfeiture, and penalties — is significantly greater than the cost of a CoC registration. A single five-day hold on one container costs over R33,000 in demurrage alone.
The Legal Framework
What the Customs and Excise Act Says
The Customs and Excise Act 91 of 1964 provides the enforcement mechanism for the PVoC CoC requirement. Three sections are directly relevant:
- §88(1)(a)SARS Customs may detain any goods for the purpose of establishing whether they are liable to forfeiture. This is the initial detention authority — SARS can hold your goods while they investigate compliance.
- §87(1)Goods that are found to be in contravention of the Act are liable to forfeiture. Goods imported without a valid CoC are in contravention of the PVoC requirements and are therefore liable to forfeiture.
- §91Administrative penalties may be imposed for customs offences. The amount is determined case-by-case after considering all the facts. There is no fixed penalty amount.
The enforcement mechanism is the SAD500 customs declaration. From 20 September 2026, a SAD500 for Phase 1 goods from Mainland China submitted without a CoC verification URL will be flagged. The goods will be held pending investigation.
The Financial Cost
Demurrage: ZAR 6,693 Per Container Per Day
While your goods are detained, demurrage charges accrue from the carrier. At Maersk OOG rates for Durban Container Terminal, demurrage runs ZAR 6,693 per container per day. This is the published tariff for over-gauge (OOG) containers — standard container rates may differ, but the order of magnitude is similar.
| Hold Duration | Demurrage (1 container) | Demurrage (5 containers) |
|---|---|---|
| 3 days | R20,079 | R100,395 |
| 5 days | R33,465 | R167,325 |
| 10 days | R66,930 | R334,650 |
| 30 days | R200,790 | R1,003,950 |
Based on Maersk OOG rates for Durban Container Terminal. Standard container rates may differ.
The Alternative
The Cost of Compliance vs Non-Compliance
The cost of a CoC registration on cofc is R1,997 one-time onboarding plus a tiered minting fee of 0.5%–2% of the CIF value per shipment. For a R500,000 CIF shipment, the minting fee is R10,000 (2%). Total compliance cost: R11,997 for the first shipment.
Compare this to the cost of a five-day hold on a single container: R33,465 in demurrage alone, before any administrative penalties. The compliance cost is a fraction of the non-compliance cost.
For importers who ship multiple containers per shipment, the comparison is even more stark. Five containers held for five days costs R167,325 in demurrage — more than 14 times the cost of the CoC registration.
Frequently Asked Questions
Common Questions About Non-Compliance Consequences
How quickly do demurrage charges start?
Demurrage charges start accruing from the moment your container arrives at the port terminal, not from when it is held for inspection. If your goods arrive without a CoC and are held for customs inspection, you are already accruing demurrage. At Maersk OOG rates for Durban Container Terminal, this is ZAR 6,693 per container per day.
Can I pay a fine and get my goods released?
Goods held under §88(1)(a) can potentially be released if you can demonstrate compliance — i.e., by providing a valid CoC. However, there is no mechanism to obtain a CoC after the goods have shipped. If your goods are held and you cannot provide a CoC, they may be forfeited under §87(1). An administrative penalty under §91 may also be imposed.
What is the administrative penalty under §91?
Section 91 of the Customs and Excise Act provides for administrative penalties for customs offences. The amount is determined case-by-case after considering all the facts of each individual case. There is no fixed penalty amount — it depends on the nature and severity of the non-compliance.
What happens to forfeited goods?
Goods forfeited under §87(1) of the Customs and Excise Act become the property of the state. They may be destroyed, sold, or otherwise disposed of by SARS Customs. The importer does not receive compensation for forfeited goods.
Continue Learning
How Much Demurrage Will I Pay?
Detailed demurrage cost calculation.
SARS Customs Detention Without a CoC
How the detention process works.
Penalty for Importing Without a CoC
The §91 administrative penalty explained.
The PVoC Programme
Full regulatory context.
How to Apply for a Certificate of Conformity
How to get compliant.
The cost of compliance is a fraction of the cost of non-compliance.
Register your import CoC on cofc before your Phase 1 goods ship from China. R1,997 one-time onboarding, then a tiered minting fee per shipment.
Sources: Government Gazette No. 54374 (20 March 2026); Customs and Excise Act 91 of 1964 §87, §88, §91; Maersk published demurrage tariff for Durban Container Terminal. Last verified: 3 May 2026. certificatesofconformity.co.za is an independent reference publication operated by LinkDaddy LLC, a Florida-registered US entity. Not affiliated with or endorsed by the SABS, NRCS, SARS, or any agency of the Government of South Africa.