The South African cabinet has approved the publishing of the Border Management Agency (BMA) Bill for public comment.

The Bill seeks to establish a BMA that will balance secure cross-border travel, trade facilitation and national security imperatives, within the context of South Africa’s regional, African and international obligations. This single authority for border law enforcement provides the potential for more cost-effective services as well as enhanced security and management of the border environment.

BILL

To provide for the establishment, organisation, regulation and control of the Border Management Agency; to provide for the transfer, assignment, and designation of law enforcement border related functions to the Border Management Agency; and to provide for matters connected thereto.

PREAMBLE

RECOGNISING that border management is exercised by multiple organs of state with a purpose of securing borders and protecting the national interest;

FURTHER RECOGNISING the need for integrated and coordinated border management that facilitates secure travel and legitimate trade, in accordance with the Constitution, international and domestic law, in order to

• contribute to the prevention of smuggling and trafficking of human beings and goods;

• prevent illegal cross -border movement;

• contribute to the protection of the Republic's environment and natural resources;

• contribute to the facilitation of legitimate trade and secure travel;

• ensure effective and efficient border law enforcement at ports of entry and on the borderline;

• contribute to the socio-economic development of the Republic; and

• protect the Republic from harmful and infectious diseases, pests and substances;

ACKNOWLEDGING that the circumstances of modern travel and trade require a single Agency to be responsible for ports of entry and the borderline of the Republic and the need to balance the facilitation of legitimate trade and travel with security;

AND FURTHER ACKNOWLEDGING, the constitutional responsibility of the Defence Force to defend and protect the Republic, its territorial integrity and its people; and

BE IT THEREFORE ENACTED by the Parliament of the Republic of South Africa, as follows:

» Download: Border Management Agency Bill, 2015 (PDF, 8.22 MB)