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

Chapter 4 : Appointment and Functions of Officials

13. Appointment of officials

 

(1) The Commissioner must—
(a) determine and implement a uniform recruitment procedure for the appointment of officials; and
(b) appoint—
(i) officers who must be members of the border guard; and

 

(2) The filling of any post on the staff establishment, whether by appointment, promotion or transfer, must be done in accordance with the Constitution, labour legislation and this Act.

 

(3) Every person to be appointed as an official must, prior to appointment, successfully have undergone an appropriate security clearance process.

 

(4) An official who refuses to subject himself or herself to an appropriate security clearance process, or who fails such process, must be subjected to such disciplinary measures as determined by the Commissioner in terms of section 11(2)(h)(ii).

 

(5) The Commissioner must ensure that officers undergo adequate and appropriate training that would enable them to perform the functions of the border guard effectively.

 

(6) An identification card in the prescribed form—
(a) must be issued to each officer;
(b) must be produced on demand in the performance of border law enforcement functions; and
(c) constitutes prima facie proof of appointment as an officer.

 

(7) An identification card referred to in subsection (6) must be returned to the Commissioner upon termination of employment of an officer or when an officer is suspended.