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

Chapter 3 : Commissioner and Deputy Commissioners

11. Functions of Commissioner and Deputy Commissioners

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(1) The Commissioner must exercise control over and manage the Authority in accordance with this Act and the directions of the Minister.

 

(2) The Commissioner is the Chief Executive Officer of the Authority and is  and accountable for—
(a) the efficient and effective performance of the Authority’s functions, including the determination of service standards and the publication thereof in the Gazette;
(b) the day-to-day running of the Authority;
(c) the formation and development of an efficient administration;
(d) the development of a strategic plan setting out the priorities and objectives of the Authority, as required in terms of the Public Finance Management Act;
(e) establishing and maintaining bureaus, depots, quarters, workshops or any other institution of any nature whatsoever, subject to applicable legislation, which may be expedient for the general management, control and maintenance of the Authority;
(f) establishing and maintaining an effectively functioning border risk management and targeting centre in the prescribed manner;
(g) establishing and maintaining a training institution in accordance with any applicable legislation;
(h) managing labour relations including—
(i) the control of officials;
(ii) maintaining discipline and determining disciplinary measures;
(iii) the training of officials; and
(iv) determining the qualifications and competency standards for officials in accordance with the prescribed requirements;
(i) considering a review or appeal in terms of section 29(3); and
(j) reporting to the Minister on a quarterly basis, or at the request of the Minister,

on the performance of the Authority.

 

(3) The Commissioner is the accounting authority for the Authority and is responsible and accountable for—
(a) the income and expenditure of the Authority;
(b) all assets and the discharge of liabilities of the Authority;
(c) the proper and diligent implementation of the Public Finance Management Act; and
(d) reporting to the Minister on the financial matters of the Authority, which report must be included in the report referred to in subsection (2)(j).

 

(4) The Commissioner is the commander of the border guard and is responsible for the management, command and control of the border guard.

 

(5)A Deputy Commissioner shall have such duties, functions and powers as delegated to him or her by—
(a) the Minister, after consultation with the Commissioner; or
(b)the Commissioner.