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Defence Act, 2002 (Act No. 42 of 2002)

Chapter 13 : General Administration and Support

88. Permission to enter upon private land for national border control

 

1) Any member of the Defence Force may enter upon private land within a strip not exceeding 10 kilometres in width along any border of the Republic for the purposes of national border control, with the approval of the lawful occupier of the land.

 

2) If the approval is being withheld unreasonably or cannot be obtained after a reasonable attempt, the Minister may give written permission for such entry.

 

3)
a) No member may enter upon any land unless the occupier has given his or her approval or unless the occupier has been given a copy of the Minister's permission to enter such land.
b) If the occupier in question cannot be traced a copy of the permission must be affixed at a prominent place on the land before the border control may be undertaken.

 

4) The Minister must prescribe the conditions under which compensation may be claimed by or paid to such occupier for any damage or loss sustained as a result of any entry in terms of this section.