Border Management Authority Act, 2020 (Act No. 2 of 2020)Chapter 9 : General35. Offences and penalties |
| (1) | It is an offence for any person— |
| (a) | to induce any official by giving or promising a reward to contravene this Act or any relevant legislation or to breach that official’s duties under those laws; |
| (b) | to compel any official through threats to contravene this Act or any relevant legislation or to breach that official’s duties under those laws; |
| (c) | to pretend to be, or impersonate, an official; |
| (d) | to resist, hinder or obstruct an official in the performance of his or her duties, functions and powers under this Act or any relevant legislation; or |
| (e) | to intentionally furnish information that is false or misleading to an official. |
| (2) | It is an offence for an official to solicit or accept an inducement to perform or not perform a duty or function or contravene this Act or any relevant legislation or to breach any duties imposed under this Act or any relevant legislation. |
| (3) | It is an offence for any person to demand a toll or fee or subject any officer, who has identified himself or herself as an officer, to unreasonable delay or detention in respect of the entry into or use of the property or facilities referred to in section 23(3). |
| (4) | It is an offence for— |
| (a) | an official to contravene section 33; and |
| (b) | an officer to commit a breach of the prescribed disciplinary code related to the border law enforcement functions of an officer. |
| (5) | If a person is convicted of an offence referred to in— |
| (a) | subsection (1) or (2), that person is liable to a fine or a period of imprisonment not exceeding 10 years or to both a fine and such imprisonment; |
| (b) | subsection (3) or (4)(a), that person is liable to a fine or a period of imprisonment not exceeding two years or to both a fine and such imprisonment; and |
| (c) | subsection (4)(b), that person is liable to a penalty, as prescribed in terms of section 36(4). |