Enforcement Consequences
How Long Can SARS Customs Hold a Detained Shipment?
There is no fixed maximum period for which SARS Customs can hold a detained shipment. Under Section 88 of the Customs and Excise Act, SARS Customs can detain goods until the compliance issue is resolved. If the issue cannot be resolved, the goods can be forfeited under Section 91. Demurrage and storage charges accrue throughout the detention period.
The Legal Framework
Section 88 of the Customs and Excise Act
Section 88 of the Customs and Excise Act (Act 91 of 1964) gives SARS Customs the authority to detain goods that are suspected of being improperly imported or that do not comply with applicable regulations. The section does not specify a maximum detention period — SARS Customs can hold goods until the matter is resolved.
For goods detained because of a missing PVoC CoC, the matter cannot be resolved by obtaining a CoC after the fact — PVoC CoCs are pre-shipment documents. The importer's options are limited: re-export the goods (if the shipping line and port will allow it), or accept forfeiture.
The Cost of Detention
Demurrage and Storage Charges
While goods are detained, demurrage charges accrue from the shipping line and storage charges accrue from the port or terminal operator. Maersk's published demurrage rate for South African ports is ZAR 6,693 per day for a standard 20-foot container. For a 40-foot container, the rate is higher. Storage charges from the port or terminal operator accrue separately.
A shipment detained for 30 days can incur demurrage and storage charges of ZAR 200,000–300,000 or more. For smaller shipments, the detention costs can exceed the value of the goods within a few weeks.
These charges are the importer's responsibility. The shipping line will not waive demurrage charges because the goods were detained by SARS Customs — the detention is the importer's compliance failure, not the shipping line's.
Forfeiture
When SARS Customs Seizes Goods
If the compliance issue cannot be resolved and the importer does not re-export the goods, SARS Customs has the authority under Section 91 of the Customs and Excise Act to forfeit the goods. Forfeiture means the goods become the property of the state. The importer loses the value of the goods plus all demurrage and storage charges incurred during detention.
Forfeiture is the worst-case outcome of a PVoC non-compliance detention. It is not a theoretical risk — SARS Customs has forfeited goods in the past for non-compliance with import regulations.
In addition to forfeiture, the importer may face prosecution under Section 87 of the Customs and Excise Act for improper importation. Prosecution can result in fines and, in serious cases, imprisonment.
Prevention
The Only Effective Strategy
The only effective strategy for avoiding detention is prevention — obtaining a valid PVoC CoC before the goods are shipped. Once goods are detained, the options are limited and all of them are expensive.
CoC Vault provides a tamper-evident digital record of each PVoC CoC, enabling importers to demonstrate compliance to SARS Customs digitally. The verification URL can be included in SAD 500 documentation and shared with clearing agents, reducing the risk of documentation errors that could trigger a detention.
How long can SARS Customs hold a detained shipment?
There is no fixed maximum. SARS Customs can hold goods indefinitely until the compliance issue is resolved. For goods detained because of a missing PVoC CoC, the issue typically cannot be resolved after the fact.
What are the daily costs of detention?
Maersk's demurrage rate for South African ports is ZAR 6,693 per day for a standard 20-foot container. Storage charges from the port or terminal operator accrue separately. Total daily costs can exceed ZAR 10,000 for a single container.
Can SARS Customs seize goods permanently?
Yes. Under Section 91 of the Customs and Excise Act, SARS Customs can forfeit goods that cannot be brought into compliance. Forfeiture means the goods become the property of the state.
Can I re-export goods that have been detained?
Re-export may be possible if the shipping line and port agree. However, re-export costs are significant and the goods cannot be re-imported without a valid PVoC CoC.
How do I avoid detention?
Obtain a valid PVoC CoC before the goods are shipped. Register the CoC on CoC Vault and ensure your clearing agent has the verification URL before the SAD 500 is submitted.
Continue Learning
Prevention Is the Only Effective Strategy
There is no maximum detention period. Once goods are detained for a missing CoC, the costs accrue indefinitely. Obtain your PVoC CoC before shipment and create your CoC Vault record before 20 September 2026.
Sources: Government Gazette No. 54374 (20 March 2026); Standards Act 8 of 2008; Customs and Excise Act 91 of 1964. 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.