Import duty investigations in South Africa are currently taking an average of 27 months to complete – more than four times the official target of six months, and with the oldest open tariff probe standing at 64 months, or nearly six years.

These findings are contained in the seventh and latest yearly analysis conducted by XA Global Trade Advisors and published in a report ominously titled ‘The Tariff Zombies’ that shows that 80% of open cases are older than six months.

The report also highlights the growing size of the investigation backlog being faced by the International Trade Administration Commission of South Africa (Itac), with more cases being added yearly than are being finalised.

CEO Donald MacKay says that clearing the backlog will require decisions to be made expeditiously to either approve duty changes or reject them, as further delays will result in the “zombie” applications that contain outdated information crowding out current applications.

Such delays have material implications for businesses that approach Itac for relief, including for the enterprise itself, but also for jobs and for consumers.

He warns that there has also been a change in the reason for the delays, with Itac now taking longer (18 months on average) to complete investigations. Whereas previously a large portion of the delay could be attributed to the lag between the completion of investigations and the receipt of Ministerial approvals.

While acknowledging that such investigations are complex, MacKay argues that even the most complicated tariff investigation should never take 18 months to complete.

The report also raises concern over the lack of duty reviews, which is resulting in “evergreen protection”, in some instances for products that are no longer even produced locally.

“Between July 2024 and June 2025, South Africa imported under 3 607 tariff codes that attracted a duty, meaning South Africans would have paid an eye-watering total of R103-billion in duties.

“Of these duties, 3 377 tariff codes were last reviewed before 2005 and accounted for duties of R96.8-billion.

“This means that in the last 20 years (2006 to 2025), only 230 tariff codes have been reviewed, which is only 6.4% of the tariff codes that attract a duty,” the reports states.

In addition, instead of making duty reduction applications, MacKay says companies are being encouraged to seek rebates.

“This does not fix the underlying problem, allowing import duties to remain evergreen, and adds complexity and additional administrative actions.

“Itac needs to establish if there are still local manufacturers, and if there are not, remove the duties,” he avers.