Section 113 (Customs Act) – Prohibition and restrictions

113. Prohibition and restrictions

(1)     The importation of the following goods is hereby prohibited, namely –

(a)     ……….

[Paragraph (a) substituted by section 11 of Act 103 of 1972 and deleted by section 25 of Act 86 of 1982]

(b)     cigarettes with a mass of more than 1.2 kilogram per 1 000 cigarettes;

[Paragraph (b) substituted by section 11 of Act 103 of 1972 and section 22 of Act 16 of 2016 effective on 19 January 2017]

(c)     ………..

[Paragraph (c) deleted by section 25 of Act 86 of 1982]

(d)     ……….

[Paragraph (d) amended by section 11 of Act 103 of 1972 and section 5 of Act 68 of 1973 and deleted by section 25 of Act 86 of 1982]

(e)     ………..

[Paragraph (e) deleted by section 17 of Act 68 of 1989]

(f)     ……….

[Paragraph (f) substituted by section 49 of Act 42 of 1974 and deleted by section 14 of Act 105 of 1992]

(g)     ……….

[Paragraph (g) deleted by section 73 of Act 30 of 1998]

(h)     prison-made and penitentiary-made goods,

(i)      ……….

[Paragraph (i) deleted by section 25 of Act 86 of 1982]

(j)      ……….

[Paragraph (j) deleted by section 25 of Act 86 of 1982]

(k)     ……….

[Paragraph (k) inserted by section 14 of Act 57 of 1966 and deleted by section 12 of Act 98 of 1993]

 [Subsection (1) amended by section 14 of Act 57 of 1966]

(2)     Goods which purport to have been imported or exported under a permit, certificate or other authority in terms of any provision of this Act or any other law shall be deemed to have been imported or exported in contravention of such provision, unless the permit, certificate or other authority in question is produced to the Controller.

[Subsection (2) substituted by section 14(c) of Act 57 of 1966, by section 73(b) of Act 30 of 1998 and by section 17 of Act 24 of 2020]

(3)     ……….

[Subsection (3) substituted by section 49 of Act 42 of 1974 and deleted by section 14 of Act 105 of 1992]

(4)     The Minister may by notice in the Gazette suspend the operation of any provision of subsection (1), whenever such suspension would be in the public interest.

[Subsection (4) substituted by section 71 of Act 45 of 1995]

(5)     ……….

[Subsection (5) deleted by section 7 of Act 89 of 1983]

(6)     ……….

[Subsection (6) deleted by section 7 of Act 89 of 1983]

(7)     The Commissioner may by rule prohibit or restrict the coastwise carriage or the transit carriage through the Republic of any goods referred to in subsection (1) or of any other goods in respect of which he considers any such prohibition or restriction necessary in the public interest.

[Subsection (7) substituted by section 71 of Act 45 of 1995]

(8)    

(a)     An officer may, for the purposes of any law other than this Act or at the request of a member of the police force or the authority administering such law, detain any goods while such goods are under customs control.

(b)     Such goods may be so detained where they are found or shall be removed to and stored at a place of security determined by such officer.

(c)     No person shall remove any goods from any place where they were so detained or from a place of security determined by an officer.

(d)     Any goods so detained may be released by the Commissioner to the South African Police Service, the authority administering such law, the importer or the exporter.

[Paragraph (d) substituted by section 71 of Act 45 of 1995]

[Subsection (8) amended by section 31 of Act 84 of 1987 and section 17 of Act 68 of 1989 and substituted by section 12 of Act 98 of 1993]

(9)     No person shall manufacture cigarettes the mass of the tobacco of which exceeds 0.9 kilogram per 1 000 cigarettes.

[Subsection (9) substituted by section 11 of Act 103 of 1972 and section 22 of Act 16 of 2016 effective on 19 January 2017]