Defence Act, 2002 (Act No. 42 of 2002)Chapter 13 : General Administration and Support88. Permission to enter upon private land for national border control |
1) | Any member of the Defence Force may enter upon private land within a strip not exceeding 10 kilometres in width along any border of the Republic for the purposes of national border control, with the approval of the lawful occupier of the land. |
2) | If the approval is being withheld unreasonably or cannot be obtained after a reasonable attempt, the Minister may give written permission for such entry. |
3) |
a) | No member may enter upon any land unless the occupier has given his or her approval or unless the occupier has been given a copy of the Minister's permission to enter such land. |
b) | If the occupier in question cannot be traced a copy of the permission must be affixed at a prominent place on the land before the border control may be undertaken. |
4) | The Minister must prescribe the conditions under which compensation may be claimed by or paid to such occupier for any damage or loss sustained as a result of any entry in terms of this section. |