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

Chapter 9 : General

36. Regulations

 

(1) The Minister may, after consultation with the Commissioner, make regulations regarding—
(a) the terms and conditions of appointment of officials;
(b) the qualifications and competency standards for officials;
(c) the structure and functioning of the border guard;
(d) the commissioning of officers;
(e) the grading and rank of officers;
(f) the training and arming of officers;
(g) a disciplinary code of conduct for officers;
(h) the rules for the conduct of meetings and procedures of advisory committees;
(i) the handling and resolution of complaints and grievances affecting the work of the Authority;
(j) any matter which is required or permitted by this Act to be prescribed; and
(k) any administrative or procedural matter necessary or expedient for the implementation of this Act.

 

(2) A regulation made under subsection (1) may prescribe a fine or a period of imprisonment for a maximum of five years for any contravention thereof or failure to comply therewith.

 

(3) The Minister may only make a regulation referred to in subsection (1)(g) after consultation with the recognised trade unions.

 

(4) The Minister may make regulations that prescribe different penalties for different degrees of misconduct of officers in breach of the disciplinary code of conduct for officers.

 

(5) The Minister must, before making regulations under this Act, publish the draft regulations in the Gazette for public comments for a period of not less than 30 days.

 

(6) The Minister must, prior to the promulgation of any regulations referred to in subsection (5), table the draft regulations in Parliament for comments for a period of not less than 30 days, while Parliament is in session.