Who We Are
Pahad Attorneys is a law practice established in 2010 which specialises in Customs and Excise Law, Maritime Law, and International Trade Law.
It is run by a sole practitioner, Arshad Pahad, who majored in Economics, Corporate Finance, and Law, also read and has read toward and completed Master’s Degree in Company Law in 2010. Arshad has also been awarded the Golden Key for completing his law degree amongst the top ten percent of students in his final year. Arshad had also lectured at the University of the Witwatersrand in Company Law.
As the practice specialises in Customs and Excise Law, and related matters, and is run as a sole proprietor, all its matters are handled personally by Arshad and as such an excess of matters are not taken up by the practice, ensuring that all of Pahad Attorney’s clients receive specialised and personalised service.
The practice is situated in Houghton Johannesburg, and is run in a casual and modern manner, where Arshad believes, is not the suit that counts but the work. There is nothing worse than having to be billed and remain in a stuff office, where the suit counts more than the work.
The practice assists clients such as importers, exporters, manufacturers, distilleries, bonded warehouses, logistics companies, container depots and clearing agents., and has to date been briefed with the following types of matters, tariff determinations, assisting with SARS audits, opposing the results of SARS audits, dealing with vehicles, and goods detained or seized in terms of the Customs and Excise Act No 91 of 1964, dealing with disputes between the types of clients listed above, registering clients in terms of the Customs and Excise Act.
The practice further conducts internal appeal applications and alternative dispute resolution matters in terms of the Customs and Excise Act and when not successful proceeds to litigate, where appropriately in terms of the Promotion of Administrative Justice Act.
There are importers, exporters and manufacturers that tend to attempt to use other practices where they are promised that the practitioner in question has “contacts” with appropriate members of the South African Revenue Services. From our experience this is a costly falsehood. The Customs and Excise Act, created in 1964, with many rules and regulations sets out the processes that must be followed. Contacts will not assist, what is required is an attorney that understands what has transpired, understands how the Customs and Excise Act functions, and has the ability to deal with the facts, the numbers, and the particular goods – Arshad prides himself on his ability to do so.
The practice further assists its clients with general litigation and commercial matters, related to their work. This type of work includes contract drafting and general litigation.
Should you have a query particularly in respect of commercial work and the Customs and Excise Act, please do contact Arshad, who will gladly advise if he can assist.
What we do
The practice provides the following services:
Importer and exporter registrations with SARS;
Registrations for companies as cryptography providers in South Africa;
Registrations for manufacturers with SARS;
Registrations in respect of bonded warehouses with SARS, including rebate stores;
Tariff determination applications;
Consulting work in respect of any issue arising from the Customs and Excise Act No 91 of 1964;
Consulting work in respect of intended importation or exportation of products;
Related litigation work – if SARS decisions are required to be appealed internally or taking on review in terms of the Promotion of Administrative Justice Act;
General commercial work related to litigation, consulting, and contract drafting;
Applications to ITAC;
Assisting with SARS audits falling under the Customs and Excise Act No 91 of 1964;
Maritime Law disputes;
Disputes between logistics companies, depots, container operators, and clearing agents.
Should you use an attorney?
Yes, the Customs and Excise Act is particularly onerous. Not only that but SARS have admitted, in current litigation, that they do not have the capacity to enforce the Act. This has allowed for a multitude of fraudulent actions having taken place on the part of clearing agents, importers and exporters, leaving many innocent parties open to having pay duties, VAT and penalties due to certain provisions contained in the Customs and Excise Act.
SARS simply ignores the fraudulent behaviour and sets its sights on the innocent party due to the provisions contained in the Act, and simply goes for whomever it decides has the funds capable of paying the alleged debt.
In these circumstances an attorney that understands the ins and outs of the Customs and Excise Act is a must, not only after an audit, seizure or detention of goods, but pre-emptively in order to limit risk in this particular industry.
It must also be noted that there have been circumstances when SARS’s employees attempt to illicit bribes – or colleagues have been rumoured to have contacts. This is particularly dangerous, and there is absolutely no need to go this route. All one has to do is have a competent attorney follow the processes contained in the Customs and Excise Act.
While this may appear “costly” at first glance, it is a far more guaranteed and permanent solution to whatever issues may arise in terms of the Customs and Excise Act.
In short, whether, you’re importing, exporting, running a container depot, or a bonded warehouse, or a distillery, contact us to ensure that you comply correctly with the Customs and Excise Act.