CUSTOMS MATTERS by Zama Mgwedli, Shepstone & Wylie Attorneys - The Border Management Authority bill – should you be concerned?

The Border Management
Authority Bill was tabled
in Parliament in 2015 and
the ANC is now looking to
expedite its passing.
Current border
management under
the Border Control
Operational Coordinating
Committee (BCOCC) is in
a state of disarray.
The Bill proposes a new
standalone entity overseen
by the Department
of Home Affairs and
comprising elements of
the SAPS, the SANDF, the
Department of Agriculture,
and Customs. This has
been met with concern as
the Department of Home
Affairs does not have a
good track record when it
comes to corruption and
efficiency.
Sars and Treasury have
hit back hard in reaction
to the Bill. They agree that
Customs should not be
taken out of Sars and
integrated into the BMA.
It is estimated that BMA
officials could collect
approximately R3 billion a
year at the ports.
These monies currently
accrue to the state through
Sars, which has earned
itself a reputation as one
of the most efficient tax
collection agencies in the
world.
On the up side, an
integrated border
management agency
could have its advantages,
including smoother
movement of cargo with
less interruptions through
fragmented intervention by
various departments, each
with their own mandate.
The success of the
proposed Border
Management bill will lie
in its implementation and
political will.