Border Management Authority Act, 2020




BMA ACT 2020

In August 2015 the Department of Home Affairs gazetted the first version of the BMA Bill for public comments. Approximately 289 submissions were received from 34 organizations and persons.
On the 23rd of September 2015 Cabinet approved the submission of the Border Management Authority (BMA) Bill, 2015 to Parliament following consultations with the National Economic Development and Labour Council (NEDLAC).
The BMA Bill, 2016 was introduced into Parliament in May 2016.

On the 8th of June 2017, the National Assembly adopted the BMA Bill, 2016 for submission to the National Council of Provinces (NCOP). The Select Committee in the NCOP published the BMA Bill, 2016 for public comments on the 7th of October 2017.

Following engagements by the Select Committee and the NCOP, the Bill was referred back the National Assembly and passed by the latter House in March 2020 with the following key changes:

SARS and all customs-related functions were explicitly excluded from the BMA legislation;
The BMA must enter into an Implementation Protocol with SARS within 6 months of the BMA Act being brought into operation; and
The BMA must also enter into an Implementation Protocol with SAPS and the SANDF within 6 months of the BMA Act being brought into operation.

Thereafter the BMA Bill was referred to the Office of the President where it was signed and assented to by the President in July 2020 as the Border Management Authority Act No. 2 of 2020.


“To provide for the establishment, organisation, regulation, functions and control of the Border Management Authority; to provide for the appointment, terms of office, conditions of service and functions of the Commissioner and Deputy Commissioners; to provide for the appointment and terms and conditions of employment of officials; to provide for the duties, functions and powers of officers; to provide for the establishment of an Inter-Ministerial Consultative Committee, Border Technical Committee and advisory committees; to provide for delegations; to provide for the review or appeal of decisions of officers; to provide for certain offences and penalties; to provide for annual reporting; to provide for the Minister to make regulations with regard to certain matters; and to provide for matters connected therewith.”