Some may say that our law allows for the public to participate in the legislative process. Others would say that our law requires the public to participate.

You will often hear someone standing around at a braai complaining about how expensive things have gotten, and how increased costs have negatively impacted them or their business either directly or indirectly.  The question is, does this person know that he/she had a right (or some may say an obligation) to comment on the legislative change when it was first proposed that might have affected such pricing?

In terms of section 195(1)(e) of the Constitution of the Republic of South Africa, 1996 (“Constitution”), the public must be encouraged to participate in policy making, section 72(1)(a) states that the National Council of Provinces must facilitate public involvement in the legislative and other processes.

Focusing on the realm of import duties, the International Trade Administration Commission (“ITAC”) sets, inter alia, the general rates of import duty. When ITAC receives an application requesting an amendment to the general rate of import duty, it will review the application and investigate the reasons provided by the applicant for requesting the duty amendment. As part of its investigation, ITAC will publish a Notice in the Government Gazette inviting all interested parties to comment on the proposed duty amendment. All these comments are reviewed by ITAC and duly considered before ITAC makes the proposal to the Minister of Finance to either amend the duty or to leave the duty as it currently is.

As with most things, some will oppose a duty increase whilst others will be in favour of it. Either way, no matter which side of the fence you find yourself on, you have an opportunity to have your say and to potentially effect the legislation. Don’t let the opportunity pass you by. Once that legislation has been passed, it is extremely difficult and time consuming to have it changed.

The Government Gazette is published regularly, informing people of changes and proposed changes to the legislation. If you would like to keep abreast of such information, it is suggested that you check the relevant websites. Alternatively, Shepstone & Wylie regularly posts Government Notices related to the Customs & Excise Act 91 of 1964 and to the International Trade Administration Act 71 of 2002 on its website for easy access.