Question NW2618 to the Minister of Public Works and Infrastructure

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05 January 2022 - NW2618

Profile picture: Roos, Mr AC

Roos, Mr AC to ask the Minister of Public Works and Infrastructure

Whether, with reference to the meeting of the Portfolio Committee on Home Affairs on 9 November 2021 at which her department was identified as one of the departments that has not yet provided the necessary input for the section 97 Presidential Proclamation to be signed to transfer the relevant border law enforcement functions to the Minister of Home Affairs, she has been informed that this lack of input is holding up the implementation of the Border Management Authority; if not, what is the position in this regard; if so, (a) what is the reason for the delayed response and (b) by what date will she provide the necessary input?

Reply:

I have been informed that the Department of Public Works & Infrastructure [DPWI] had several engagements with the Department of Home Affairs – Border Management Authority [DHA - BMA] on this subject matter. The latest engagement was on 30 November 2021.

DPWI has provided the necessary input in relation to Section 97 Presidential Proclamation.

The Department of Home Affairs in its correspondence dated 29 September 2021 confirms the same (attached).

The Department is however, engaging with the recently revised letter of intent received from DHA’s [BMA] to jointly redraft Section 97 Presidential Proclamation to now include transfer of custodial functions from DPWI in relation to assets and liabilities within the border law enforcement area and at the ports of entry to the BMA in terms of the BMA Act No.2 (same letter dated 29 September 2021).

(a) NA.

(b)NA