RATIONALE FOR ESTABLISHING A BMA
Many countries have established border management agencies. It is frequently recorded that the primary purpose of such an establishment is to enable an appropriate balance of the facilitation of legitimate trade and travel while simultaneously addressing the associated security risks.
Most countries have recognised that an uncoordinated multi-agency approach is outdated and non-responsive to modern border management requirements. Most countries have recognised that an uncoordinated multi-agency approach is outdated and non-responsive to modern border management requirements.
In June 2013 Cabinet made the decision to establish a Border Management Agency under the guidance of the DHA. This decision was taken in recognition of the NICOC 2012 Feasibility Study that had highlighted weaknesses in border management.
There was also the recognition that existing co-ordination mechanisms had proved incapable of addressing the structural and management co-ordination problems affecting border management and border security in the country.
Cabinet stipulated that:
The current arrangement in South Africa requires co-operation between 22 different organs of state involved in border management and control. These organs of state perform functions in respect of individual mandates set out in a range of different pieces of legislation.
The analysis completed in the Institutional Options Analysis indicates that the major players in relation to a BMA are the DHA, South African Revenue Service (“SARS”), South African Police Services (“SAPS”), Department of Agriculture, Forestry and Fisheries (“DAFF”) and the Department of Health (“DoH”), providing the functions and activities at Ports of Entry and the South African Defence Force (“SANDF”), DHA, SAPS, DAFF, DoH and the Department of Environmental Affairs (“DEA”) with respect to borderline safeguarding.