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South Africa
NATIONAL LEGISLATION OVERVIEWS
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Border Management Authority Act, No. 2 of 2020

Long title


To provide for the establishment, organisation, regulation, functions and control of the Boarder Management Authority; to provide for the appointment, terms of office, conditions of service and functions of the Commissioner and Deputy Commissioners; to provide for he duties, functions and powers of officers; to provide for the establishment of an Inter-Ministerial Consultative Committee, Border Technical Committee and advisory committees; to provide for delegations; to provide for the review or appeal of decisions of officers; to provide for certain offences and penalties; to provide for annual reporting; to provide for the Minister to make regulations with regard to certain matters; and to provide for matters connected therewith.

Table of contents

SECTION TITLE

PREAMBLE

ARRANGEMENT OF SECTIONS
CHAPTER 1 DEFINITIONS, APPLICATIONS AND OBJECT OF ACT
1. Definitions
2. Application of Act
3. Object of Act
CHAPTER 2. BORDER MANAGEMENT AUTHORITY
4. Establishment of Board Management Authority
5. Functions of Authority
6. Composition of Authority
CHAPTER 3. COMMISSIONER AND DEPUTY COMMISSIONER
7. Appointment of Commissioner and Deputy Commissioner
8. Term of office of Commissioner and Deputy Commissioners
9. Removal of Commissioner and Deputy Commissioner from office
10. Conditions of service and remuneration of Commissioner and Deputy Commissioners
11. Functions of Commissioner and Deputy Commissioners
12. Delegation by Commissioner
CHAPTER 4. APPOINTMENT AND FUNCTIONS OF OFFICIALS
13. Appointment of officials
14. Commissioned officers
15. Duties, functions and powers of officers of border guard
CHAPTER 5. EMPLOYMENT TERMS AND CONDITIONS OF OFFICIALS
16. Terms and conditions of employment
17. Limitation of rights
CHAPTER 6. POWERS OF ENTRY, SEARCH, SEIZURE, ARREST AND DETENTION
18. Powers of entry, search, seizure, arrest and detention
19. Routine searches and seizures
20. Powers relating to vessels within maritime borders
21. Arrested or detained persons and seized goods
CHAPTER 7. FUNDS AND IMMOVABLE PROPERTY
22. Funds of Authority
23. Immovable property
CHAPTER 8. COMMITTEES AND IMPLEMENTATION PROTOCOLS
24. Inter-Ministerial Consultative Committee
25. Border Technical Committee
26. Advisory committees
27. Implementation protocols
CHAPTER 9. GENERAL
28. Delegation by Minister
29. Review or appeal of decisions
30. Ports, points or places of entry or exit with approval of Minister
31. Annual report
32. Exemption from payment of fees or tolls
33. Confidential
34. Liability
35. Offences and penalties
36. Regulations
CHAPTER 10. TRANSITIONAL PROVISIONS
37. Transfer of employees from organ of state to Authority
38. Assets, liabilities and funds
39. Ports, points and places of entry or exit
40. Recognised trade unions
CHAPTER 11. SHORT TITLE AND COMMENCEMENT
41. Short title and commencement
.
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