Cost of Non-Compliance
How Long Can SARS Customs Hold My Shipment If I Don't Have a CoC?
SARS Customs can hold goods indefinitely under Section 88(1)(a) of the Customs and Excise Act until the importer demonstrates compliance or until SARS Customs completes its investigation. There is no fixed maximum hold period specified in the Act. Goods held without a valid CoC may ultimately be forfeited under Section 87(1).
The Legal Basis for Detention
Section 88(1)(a) of the Customs and Excise Act
Section 88(1)(a) of the Customs and Excise Act 91 of 1964 provides: "The Commissioner is entitled, in terms of Section 88(1)(a) of the Act, to detain any ship, vehicle, plant, material or goods at any place for the purpose of establishing whether it is liable to forfeiture." This is a broad detention authority that allows SARS Customs to hold goods while investigating compliance.
The detention authority is not time-limited by the Act. SARS Customs can hold goods for as long as necessary to complete its investigation. In practice, the duration depends on SARS Customs's workload and the complexity of the case.
What Happens During the Detention Period
The Investigation Process
During the detention period, SARS Customs investigates whether the goods are liable to forfeiture. For Phase 1 goods from Mainland China without a CoC, the investigation will focus on whether the goods meet the PVoC requirements. If the importer cannot provide a valid CoC, the goods are likely to be found liable to forfeiture.
The importer may be given an opportunity to provide documentation or make representations. However, there is no mechanism to obtain a CoC after the goods have shipped — the inspection must happen before the goods leave China. Without a valid CoC, the importer has limited options.
Forfeiture Under Section 87(1)
The Ultimate Consequence
If SARS Customs determines that the goods are liable to forfeiture, they may be forfeited under Section 87(1) of the Customs and Excise Act. Forfeited goods become the property of the state and may be destroyed, sold, or otherwise disposed of. The importer does not receive compensation for forfeited goods.
Forfeiture is the most severe outcome of non-compliance. It represents the complete loss of the goods and their value, in addition to any demurrage charges and administrative penalties.
The BMA's Role in Enforcement
Border Management Authority
The Border Management Authority (BMA) works alongside SARS Customs at South African ports of entry. The BMA officer verifies the CoC by scanning the QR code on the SAD500. If the QR code does not resolve to a valid CoC verification page, the BMA officer will flag the shipment for further investigation by SARS Customs.
The BMA's verification process is digital and automated. There is no opportunity to present paper documents or verbal explanations at the point of verification. The CoC must be registered on cofc and the verification URL must be in the SAD500 before the goods arrive.
Frequently Asked Questions
Common Questions
Can I get my goods released by paying a deposit?
In some cases, SARS Customs may accept a deposit (a financial guarantee) as a condition for releasing detained goods pending investigation. The deposit is determined case-by-case. However, this is at SARS Customs's discretion and is not guaranteed.
What if I can prove the goods are safe even without a CoC?
The PVoC requirement is a pre-export inspection requirement. The CoC must be issued before the goods leave China by one of the four designated inspection bodies. There is no mechanism to demonstrate compliance after the goods have arrived without a CoC.
Can I appeal a detention decision?
The Customs and Excise Act provides for objection and appeal procedures. However, appealing a detention decision is a complex legal process and does not suspend the accrual of demurrage charges. Legal advice should be sought immediately if your goods are detained.
What if my goods are detained but I have a CoC from a previous shipment?
A CoC is specific to a consignment. A CoC from a previous shipment does not cover a new shipment. Each shipment of Phase 1 goods from Mainland China requires its own CoC.
Continue Learning
What Happens If I Import Without a CoC?
The full consequences of non-compliance.
How Much Demurrage Will I Pay?
Demurrage cost calculation.
Penalty for Importing Without a CoC
The §91 administrative penalty.
The PVoC Programme
Full regulatory context.
How to Apply for a Certificate of Conformity
How to get compliant.
SARS can hold goods indefinitely without a CoC. Get compliant before your goods ship.
Register your import CoC on cofc before your Phase 1 goods ship from China.
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.