Questions raised over new Border Management Agency

The SA government is

busy on the parliamentary

processing of the new Border

Management Agency (BMA)

Bill, which appears to be

designed to be all things to

all border users – handling

everything from customs

and excise to immigration,

veterinary inspection and

even undertaking, as part

of its security portfolio,

functions currently conducted

by the police and military.

In 2017 it is due to

replace the Border Control

Operational Coordinating

Committee (BCOCC), which

was mandated in 2005 and

aligned to the justice, crime

prevention and security

clusters.

The BMA is to involve a

wide range of government

bodies in its control and

security functions, being

the national intelligence,

departments of home affairs,

transport, public works,

agriculture, health and

defence as well as the SA

Police Service (SAPS) and

the South African Revenue

Service (Sars).

But, because of the

complexity of its framework,

the BMA concept has been

accused of being “unwieldy”

and “unworkable”.

And there are serious

concerns about the ability

of one entity to manage the

diverse requirements of border

control at 72 designated

ports of entry in SA. This, say

critics, would require a huge

single body that might prove

unwieldy. And the fact that it

will also incorporate functions

previously undertaken by

the police and military has

led to it being charged with

contravening Section 199.2 of

the SA constitution.

This makes it clear that the

SA National Defence Force

(SANDF) is the “only lawful

military force in the Republic”.

So, to incorporate security

functions in the BMA which

are currently the responsibility

of SAPS and the SANDF

would require an amendment

to the constitution.

But despite all the

parliamentary and public

concerns, the government is

forging ahead with the draft

BMA Bill, gazetted as No

39058 on August 6.

The government’s

statement on the cabinet

meeting of September

23 revealed that the

cabinet had approved the

introduction of the bill

into Parliament. At the

same time, the period for

comments on the draft bill

to the department of home

affairs (DHA) closed on

September 14.

And the government is

quite content with its BMA

concept, as the cabinet

meeting confirmed. “The

bill aims to establish the

BMA,” said the statement,

“which will balance secure

cross-border travel, trade

facilitation and national

security imperatives within

the context of SA’s regional,

African and international

obligations.

“This single authority

for border law enforcement

provides the potential

for more cost-effective

services, enhanced security

and better management of

the border environment.”

INSERT

There are serious

concerns about the

ability of one entity

to manage the

diverse requirements

of border control at

72 designated ports

of entry in SA.

CAPTION

The BMA will balance secure cross-border travel, trade

facilitation and national security imperatives within

the context of SA’s regional, African and international

obligations.