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Border Management Authority Act, 2020 (Act No. 2 of 2020)RegulationsBorder Management Authority Regulations, 2025SchedulesSchedule C : Code of Conduct |
1. | Conduct in general |
An officer must—
(a) | honour and abide by the Constitution in the execution of their duties; |
(b) | be faithful to the Republic and put the public interest first in the execution of their duties; |
(c) | abide by the legislation that applies to the border law enforcement; |
(d) | loyally execute the policies of the government and the lawful instructions of their superiors; and |
(e) | co-operate with relevant law enforcement, security and intelligence organs of state. |
2. | Relationship with public |
An officer must—
(a) | promote the unity and well-being of the South African nation in performing their duties; |
(b) | respect and protect the dignity of every person and their rights as contained in the Constitution; |
(c) | serve the public in an unbiased and impartial manner; |
(d) | act in such a manner as to instil and maintain public confidence in the Authority; |
(e) | be polite, helpful and reasonably accessible in his or her dealings with the public; |
(f) | take into account the circumstances and concerns of the public in performing their duties and in the making of decisions affecting them; |
(g) | be committed through timely service to the development and upliftment of all South Africans; and |
(h) | recognise the right of the public to access to information, excluding information that is specifically protected by law. |
3. | Ethical conduct |
An officer—
(a) | may not receive, solicit or accept any gratification, as defined in section 1 of the Prevention and Combating of Corrupt Activities Act, 2004 (Act No. 12 of 2004), from any official or any person in return for performing or not performing their duties; |
(b) | may not engage in any transaction or action that is in conflict with or infringes on the execution of his or her duties; |
(c) | may not conduct business with any organ of state or be a director of a public or private company conducting business with an organ of state; |
(d) | may not use or disclose any official information for personal gain or the gain of others; |
(e) | may not receive or accept any gift from any person in the course and scope of his or her employment,; |
(f) | must recuse themselves from any official action or decision-making process which may result in improper personal gain and properly and immediately declare it to their superior; |
(g) | must immediately report to the relevant authorities, fraud, corruption, nepotism, maladministration and any other act which constitutes a contravention of any law (including, but not limited to, a criminal offence) or which is prejudicial to the interest of the public, which comes to their attention during the course of his or her employment in the Authority; |
(h) | must refrain from favouring relatives and friends in work-related activities and not abuse their authority or influence another official, nor be influenced to abuse their authority; |
(i) | must deal fairly, professionally and equitably with all other officials or members of the public, irrespective of race, gender, ethnic or social origin, colour, sexual orientation, age, disability, religion, political persuasion, conscience, belief, culture or language; and |
(j) | must refrain from party political activities in the workplace. |
4. | Performance of duties |
An officer must—
(a) | strive to achieve the objectives of the Authority cost-effectively and in the interest of the public; |
(b) | be creative in thought and in the execution of their duties, seek innovative ways to solve problems and enhance effectiveness and efficiency within the context of the law; |
(c) | be punctual in the execution of their official duties; |
(d) | execute their duties in a professional and competent manner; |
(e) | co-operate fully with other officials to advance the interest of the public; |
(f) | be honest and accountable in dealing with public funds and use the State's property and other resources effectively, efficiently, and only for authorised official purposes; |
(g) | use the appropriate mechanisms to deal with any grievances or to direct representations; |
(h) | be committed to the optimal development, motivation and utilisation of officials reporting to them and the promotion of sound labour and interpersonal relations; |
(i) | avail themselves for training and development; |
(j) | promote sound, efficient, effective, transparent and accountable administration; |
(k) | give honest and impartial advice, based on all available relevant information, in the execution of his or her official duties; |
(l) | honour the confidentiality of official matters, documents and discussions; |
(m) | when on duty, dress and behave in a manner that is befitting of an official of the Authority; |
(n) | immediately report to the Commissioner any non-compliance with the Act and any other legislation that the Authority is required to implement; |
(o) | not consume alcoholic beverages or any other substance with an intoxicating effect while on duty or report for duty under such influence; |
(p) | not misrepresent themselves or use the name or position of any other official or person to unduly or improperly influence any decision-making process or obtain any undue benefit; and |
(q) | not release official information to the public without necessary approval. |
5. | Obedience |
5.1 | An officer must obey any order or instruction given to him or her by a superior or a person who is competent to do so: Provided that the officer may not obey a patently unlawful order or instruction. |
5.2 | Where it is reasonable in the circumstances, an officer may demand that an order or instruction referred to in paragraph 5.1 above be recorded in writing before obeying it. |
5.3 | An officer may, after having obeyed an order or instruction referred to in paragraph 5.1 , demand that such an order or instruction be recorded in writing. |