One-Stop Border Post Bill: Clause 6 Under Review

Posted 17 September 2025 Written by Acts Online
Category Parliament

Brought to you by SA Legal Academy: The National Assembly’s Home Affairs Committee has directed the Department of Home Affairs to review specific provisions in the One-Stop Border Post Bill concerning the movement of goods and money.

In terms of a media statement from the National Assembly’s Home Affairs Committee, the Department of Home Affairs and relevant stakeholders must reconsider the legal and practical implications of clause 6 of the One-Stop Border Post Bill. This follows parliamentary hearings conducted in May 2025 where concerns were raised regarding the practicability and legality of exempting certain transfers from standard customs and border controls.

As currently drafted, clause 6 of the Bill provides that — subject to conditions set out in clause 3 — the goods or money moved by any official, for official use, from the territory of the Republic or the territory of an adjoining state to the territory of the Republic or adjoining state through a common control zone, are not subject to the import or export and entry or exit laws of the Republic or the adjoining state.

Clause 3 of the Bill empowers the Minister of Home Affairs to conclude an agreement with any state to establish a one-stop border post and a common control zone. The committee’s request for a review suggests that the broad exemption for official transfers may conflict with existing financial and customs regulatory frameworks.

What this means for you, your business, or your clients

  • For yourself: No direct individual obligations; impact channelled through firm-level compliance and advisory roles.
  • For your business: Firms involved in cross-border logistics or regulatory advisory must monitor the final wording of clause 6 to determine how “official use” exemptions might affect commercial transit or competitive neutrality at border posts.
  • For your clients: Clients operating in the SADC region should prepare for potential changes in border processing procedures and reporting requirements as the One-Stop Border Post Bill moves toward finalisation and implementation.

Originally published at https://legalacademy.co.za/news/read/one-stop-border-post-bill-free-money-goods-transfer-clause-a-concern

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