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National Assembly adopts controversial border authority bill

ANC MPs turn out in droves to ensure a quorum to pass the proposed legislation as customs and excise collection row remains unresolved

Beitbridge border post. Picture: SUPPLIED
Beitbridge border post. Picture: SUPPLIED

The National Assembly has voted to adopt the controversial Border Management Authority Bill at the third attempt.

The bill was initially voted on in May and again earlier this week. However, on both occasions, opposition parties walked out in protest, leaving the house short of the quorum of 201 needed of the 400 MPs. On Thursday, ANC MPs turned out in droves, ensuring a quorum.

The proposed legislation seeks to establish a border management authority and to do away with the fragmented border-management model used at South African ports of entry. It will establish a single implementing entity under a single executive authority.

The major bone of contention is the issue of customs and excise collection, which was the subject of a dispute between the Department of Home Affairs and the finance ministry, with the latter wanting the function to remain under the South African Revenue Service (SARS).

The heated disagreement prompted former deputy minister of finance Mcebisi Jonas to pen a letter to Parliament’s portfolio committee on home affairs, insisting that customs and revenue-collection remain the function of SARS.

Former finance minister Pravin Gordhan previously raised concerns about the costs of setting up the border management authority.

The DA and other opposition parties opposed the bill, saying only SARS was authorised to deal with customs revenues.

While Home Affairs Minister Hlengiwe Mkhize has said SARS would still be able to manage revenue from excise, it remains uncertain whether this will include revenue collection at ports of entry — this is not clearly stated in the bill.

"The Border Management Authority will play an important role in supporting the creation of an inclusive and growing economy at the frontline of our country’s borders by facilitating the legitimate movement of people and goods in line with our socio-economic objectives," ANC chief whip Jackson Mthembu said.

The bill will now be submitted to the National Council of Provinces for concurrence.

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