Border Management Authority Act, 2020 (Act No. 2 of 2020)Chapter 4 : Appointment and Functions of Officials15. Duties, functions and powers of officers of border guard |
| (2) | An officer may exercise any power that may be conferred on him or her in a declaration as a peace officer, referred to in section 334(1)(a) of the Criminal Procedure Act, 1977 (Act No. 51 of 1977). |
| (3) | When performing any border law enforcement function, an officer must exercise his or her powers in a manner that takes due regard of the fundamental rights of persons, as guaranteed under Chapter 2 of the Constitution, and public international law obligations of the Republic, with proper consideration of the rights and interests of vulnerable groups, including victims of trafficking, refugees and asylum seekers. |
| (4) | The Commissioner must follow the procedures set out in section 71 of the Labour Relations Act in relation to the designation of duties, functions and powers of officers of the Authority as an essential service. |