the Defence Force in respect of the airspace of the Republic. It is suggested that either the definition or clause 2(3)(b) should contain a provision excluding the border law enforcement functions of either the Border Management Authority (“BMA”) or the Defence Force to avoid any possible confusion. 3 Object of Act DOJ In terms of the definition, management” “border means the execution of border law enforcement functions and includes co-operation with the Defence Force on the implementation of border 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 of entry; and (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 The provision on the object of the Act cannot broadened in clause 3 to include matters than be the same as a definition, as it is more law enforcement functions and the border substantive whilst a definition clarity to a protection functions performed by the Defence word or expression. Force. 4 Establishment of Authority COSATU (and COSATU’s remaining areas of concern are the The BMA is an entity that is to implement NEHAWU) location of the BMA and the call to ban all border law enforcement functions outsourcing. COSATU’s position has been that the emanating from several pieces of legislation administered by other Departments and has
the Defence Force in respect of the airspace of the Republic. It is suggested that either the definition or clause 2(3)(b) should contain a provision excluding the border law enforcement functions of either the Border Management Authority (“BMA”) or the Defence Force to avoid any possible confusion. 3 Object of Act DOJ In terms of the definition, “border management” means the execution of border law enforcement functions and includes co-operation with the Defence Force on the implementation of border 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 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 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 clarity to a word or expression. 4 Establishment of Authority COSATU (and NEHAWU) COSATU’s remaining areas of concern are the location of the BMA and the call to ban all outsourcing. COSATU’s position has been that the The BMA is an entity that is to implement border law enforcement functions emanating from several pieces of legislation administered by other Departments and has
160920Consolidated.docx