BMA Stakeholder Engagement Session 14 May 2024

20 May, Johannesburg

The Border Management Authority (BMA) stakeholder engagement took place on May 14th, 2024, in Pretoria.

Background:
The legal disputes between AMIE and BMA have resulted in BMA requesting a dialogue with the industry. In this meeting, the BMA aimed to discuss their operating model, services and fees, and relationship with other regulatory bodies.

Items Discussed:

1. BMA Introduction and Background. Read Here 
2. BMA legislative mandate. Read Here 
3. Border law enforcement area. Read Here
4. BMA Tariffs
5. Appeals process
6. E-Inspect

Highlights and Outcomes:

• Draft Border Management Authority Regulation, 2023 (GAZETTE No. 50608) published on the 3^rd of May 2024 initiating a 30-day window for stakeholders to provide feedback.
• In response to industry concerns, the BMA made the decision to officially suspend the letter dated April 4, 2024, regarding the implementation of the “border law enforcement area of BMA”
• The BMA committed to proactive engagement with the Department of Agriculture, Land Reform and Rural Development (DALRRD) regarding ZA approval certifications and the “border law enforcement area of BMA,”.
• Addressing industry feedback regarding clarity and transparency, the BMA committed to developing draft guidelines outlining the definition of “reasonable distance,” which will be subject to a 30-day public comment period. Draft guidelines are to be published for comments by the end of May 24 (With the intended implementation of the “border law enforcement area of BMA” by the end of June 24) – The industry raised concerns over timelines.
• BMA tariffs/fees will be published for comments (Intended implementation from 1^st of August 2024)
• Appeals process: The BMA will only handle appeals against a decision made by an officer of the BMA and not appeals related to police/regulation (Appeals in this manner should be directed to DALRRD). Appeals to the BMA need to be lodged with the Commissioner of the BMA. The BMA will deal with appeals on a case-by-case basis.
• E-Inspect developments are underway, hoping to go live in mid-July.

The BMA noted that this is the start of the BMA stakeholder engagements and that they will conduct further industry engagements in future.