Border Management Authority Act, 2020 (Act No. 2 of 2020)Chapter 4 : Appointment and Functions of Officials14. Commissioned officers |
(1) | The Minister may confer a temporary or permanent commission on the Commissioner, a Deputy Commissioner and any officer of the Authority. |
(2) | A commissioned officer must be issued with a Deed of Commission bearing the signature of the Minister. |
(3) | In order to qualify as a commissioned officer, a person referred to in subsection (1) must— |
(a) | swear or declare allegiance to the Republic; |
(b) | be a South African citizen; |
(c) | have served successfully on probation as an acting officer with a temporary commission for a prescribed period; |
(d) | have successfully completed any prescribed training; |
(e) | not have been convicted and imprisoned without the option of a fine, except for a criminal offence for which the person has been granted amnesty in terms of the Promotion of National Unity and Reconciliation Act, 1995 (Act No. 34 of 1995); |
(f) | be a fit and proper person to serve and must have a trustworthy and exemplary character; and |
(g) | comply with prescribed security grading requirements. |
(4) | The Minister may only cancel a commission after notifying the commissioned officer concerned of a complaint or charge made and after allowing the commissioned officer an opportunity to respond to the complaint or charge. |
(5) | The Minister may, in respect of officers, confer a commission in terms of subsection (1) or cancel a commission in terms of subsection (4) only after consultation with the Commissioner. |