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

Chapter 10 : Transitional Provisions

38. Assets, liabilities and funds

 

(1) The transfer of assets, liabilities and funds to the Authority will be managed in accordance with the Public Finance Management Act.

 

(2) The Minister must, in conjunction with the executive authority of an organ of state concerned, and with the approval of the Minister of Finance, and in the spirit of co-operative government envisaged in Chapter 3 of the Constitution, enter into an agreement with such organ of state to ensure that the assets, rights, obligations and liabilities, including the unexpended balance of appropriations, authorisations, allocations and other funds employed, held or used in connection with the management and administration of border law enforcement, are transferred to the Authority.

 

(3) The Registrar of Deeds must make the necessary entries or endorsements for the transfer of any property in terms of subsection (1), and no office fee or other charge is payable in respect of that entry or endorsement.

 

(4) Any litigation resulting from any cause of action in relation to the assets, rights, obligations or liabilities transferred to the Authority, which arose—
(a) before the transfer date, must be conducted by or against the relevant organ of state concerned; and
(b) on or after the transfer date, must be conducted by or against the Authority.