1. SANDF’s Position vis-à-vis the Border Management Authority (BMA) Bill
Joint Operations Division
SANDF’s Position vis-à-vis the Border Management Authority (BMA) Bill
Presented by: Maj Gen N Ndhlovu Deputy Surgeon General
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2. Scope Background SANDF’s Approach to the BMA Bill
SANDF Borderline Control End State
The Bill
Side Comments
Conclusions
Questions and Discussions
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3. Background The SANDF made inputs into:
Border Management Authority Bill
Integrated Border Management Strategy: 2017 – 2021
Draft Blueprint for the Border Management Authority
Draft Roadmap for the Establishment of the Border Management Authority (BMA)
The SANDF participated in the South African International Study Tour on Integrated Border Management in 2014
The SANDF is represented in all Technical Committees of the BMA
The SANDF signed the Multi-Party Agreement for the Cooperative Management of Ports of Entry, the Borderline and Related Matters Pending the Enactment of Border Management Legislation
The SANDF submitted a Position Paper to the BMA Project Management Office
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4. SANDF’s Approach to the Bill
Constitutional Mandate 200(2): The primary object of the defence force is to defend and protect the Republic, its territorial integrity and its people in accordance with the Constitution and the principles of international law regulating the use of force
Chapter 11 of the Constitution s201(2): Only the President, as head of the national executive, may authorise the employment of the defence force (a) in co-operation with the police service; (b) in defence of the Republic; or (c) in fulfilment of an international obligation
s18(1) Defence Act, 2002 (No. 42 of 2002): The President or the Minister of Defence and Military Veterans may authorise the employment of the Defence Force for service inside the Republic or in international waters, to:
a. preserve life, health or property in emergency or humanitarian relief operations;
b. ensure the provision of essential services;
c. support any department of state, including support for purposes of socio-economic upliftment; and
d. effect national border control
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5. SANDF’s Approach to the Bill 02
SANDF’s Border Safeguarding Doctrine: Two components of border safeguarding, ie border protection and border control
Border protection which relates to the protection against a trans-border military or armed threat. Border protection is the line function of the SANDF
Border control relates to the control of the movement of goods or people across borders. It is traditionally the line function of Organs of State such as the Department of Home Affairs, the South African Revenue Service, and the South African Police Service. Border control is stratified into:
Borderline control which is the application of border control between identified ports of entry such as a border control post. It includes land control between designated ports of entry as well as airspace and maritime control
Border post control which relates to the control of authorised entry/exit points which includes immigration control (Department of Home Affairs) and customs control (South African Revenue Service), etc.
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6. BORDER MANAGEMENT/SAFEGUARDING
-LAW ENFORCEMENT (CONTROL, REGULATION AND POLICING) OF LAND, AIR & MARITIME TRAFFIC OVER THE RSA’s INTERNATIONAL BORDERS. (BMA)
-MILITARY DEFENCE OF THE RSA’s TERRITORIAL INTEGRITY AGAINST ARMED AND/OR RELATED MILITARY AND PARA-MILITARY THREATS. (SANDF)
BORDER PROTECTION
DEFENCE OF THE TERRITORIAL INTEGRITY (SANDF)
DOD Jurisdiction
BORDER CONTROL (LAW ENFORCEMENT)
CONTROL OF THE MOVEMENT OF GOODS, PLANTS, ANIMALS AND PEOPLE (SARS, DoHA, SAPS AND RELEVANT GOVERNMENT DEPARTMENTS)
BORDERLINE LAW ENFORCEMENT
BMA with other Depts & Agencies
POINT OF ENTRY LAW ENFORCEMENT
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7. SANDF’s Approach to the Bill 03
Border Control (Border Law Enforcement) Threat Matrix
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8. Borderline Control End State
The end-state will therefore entail the SANDF being permanently engaged in border protection (or defence) functions in relation to the border of the Republic, ie devoting undivided attention to its primary (military) constitutional mandate.
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9. The Bill
Change the definition of “border management” in Chapter 1 Definitions, Applications and Object of the Act to read “border management’ means the execution of border law enforcement functions.
The bill to clarify responsibility for air border law enforcement in the light of section 2 (3), Application of Act: This Act does not apply to
(a) the border protection functions exercised by the Defence Force, including those performed in respect of the airspace of the Republic
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10. Side Comments
The SANDF is, designed, structured, equipped and trained to fulfil its constitutional mandate, thus implying that its Force Design is determined by its primary functions as derived from the Constitution (1996). Consequently the SANDF does not have dedicated capabilities created for border safeguarding operations
Similarly, the SANDF’s prime mission equipment, designed for its constitutional mandate, is used collaterally in executing its secondary functions, be it peacekeeping operations, supporting the SAPS in crime-combating operations or border safeguarding operations. Consequently the SANDF does not have dedicated equipment established for border safeguarding operations
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11. Conclusion It is confirmed that:
The DOD is supportive of the BMA Bill.
The Constitutional mandate of the SANDF is respected in the BMA Bill.
The BMA Bill does impinge on the border protection functions exercised by the SANDF.
The BMA will conduct border law enforcement functions along the land and maritime borders.
The SANDF will conduct both border protection and border law enforcement functions along the air border.
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12. Comments and Questions
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