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THE High Court has ordered that the Comptroller of Customs and Excise establish and publish a policy that clarifies to both Customs officers and members of the public exactly what type of sex toys are prohibited from importation into the country.
This has been ordered because even though the court has in the past given guidance on the issue, the Customs Division continues to unlawfully seize or detain such items under the blanket premise that they are considered as “obscene” or “indecent” in accordance with Section 45(1)(L) of the Customs Act.
In a ruling delivered on Wednesday, Justice Westmin James said the section was obscure and ambiguous, and because of this, the current state of affairs—where importers have no way of knowing which adult toys will be seized and which will not—is untenable.
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