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Border Management Authority Act, 2020 (Act No. 2 of 2020)

Chapter 4 : Appointment and Functions of Officials

14. Commissioned officers

 

(1) The Minister may confer a temporary or permanent commission on the Commissioner, a Deputy Commissioner and any officer of the Authority.

 

(2) A commissioned officer must be issued with a Deed of Commission bearing the signature of the Minister.

 

(3) In order to qualify as a commissioned officer, a person referred to in subsection (1) must—
(a) swear or declare allegiance to the Republic;
(b) be a South African citizen;
(c) have served successfully on probation as an acting officer with a temporary commission for a prescribed period;
(d) have successfully completed any prescribed training;
(e) not have been convicted and imprisoned without the option of a fine, except for a criminal offence for which the person has been granted amnesty in terms of the Promotion of National Unity and Reconciliation Act, 1995 (Act No. 34 of 1995);
(f) be a fit and proper person to serve and must have a trustworthy and exemplary character; and
(g) comply with prescribed security grading requirements.

 

(4) The Minister may only cancel a commission after notifying the commissioned officer concerned of a complaint or charge made and after allowing the commissioned officer an opportunity to respond to the complaint or charge.

 

(5) The Minister may, in respect of officers, confer a commission in terms of subsection (1) or cancel a commission in terms of subsection (4) only after consultation with the Commissioner.