protection functions”. In terms of clause 3, the object of the Bill is to establish and empower the BMA to achieve— The provision on the object of the Act cannot (a) integrated border law enforcement within the be the same as a definition, as it is more border law enforcement area and at ports of substantive whilst a definition gives clarity to a entry; and word or expression. (b) co-operation on and co-ordination of border management matters in general. It appears that management” in the “border definition is limited, but that the concept is broadened in clause 3 to include matters other than law enforcement functions and the border protection functions performed by the Defence Force. DOJ protection functions” Agreed, the expression the Republic of “border “of South Africa, 1996” should be deleted. It is suggested that the expression the Republic “of of Africa, 1996” be deleted as the Constitution is defined in the Bill DOJ Clause 14 details what a commissioned officer officer”: “commissioned is and sets out the requirements thereof. The question arises whether it will be clear to Therefore, from this clause it is clear what a ordinary members of the public as to what is commissioned officer is. meant by a officer? “commissioned” Force”: DOJ Agreed, the definition of Force” “Defence “Defence should be amended as suggested. It is suggested that the definition reads ““Defence Force” has the meaning ascribed to it in section 1 of the Defence Act, 2002 (Act No. 42 of 2002);”
protection functions”. In terms of clause 3, the object of the Bill is to establish and empower the BMA to achieve— (a) integrated border law enforcement within the border law enforcement area and at ports of entry; and (b) co-operation on and co-ordination of border management matters in general. It appears that “border management” in the definition is limited, but that the concept is broadened in clause 3 to include matters other than law enforcement functions and the border protection functions performed by the Defence Force. The provision on the object of the Act cannot be the same as a definition, as it is more substantive whilst a definition gives clarity to a word or expression. DOJ “border protection functions” It is suggested that the expression “of the Republic of Africa, 1996” be deleted as the Constitution is defined in the Bill Agreed, the expression “of the Republic of South Africa, 1996” should be deleted. DOJ “commissioned officer”: The question arises whether it will be clear to ordinary members of the public as to what is meant by a “commissioned” officer? Clause 14 details what a commissioned officer is and sets out the requirements thereof. Therefore, from this clause it is clear what a commissioned officer is. DOJ “Defence Force”: It is suggested that the definition reads ““Defence Force” has the meaning ascribed to it in section 1 of the Defence Act, 2002 (Act No. 42 of 2002);” Agreed, the definition of “Defence Force” should be amended as suggested.
160920Consolidated.docx