4C.      Border Patrol

 

(1)

 

(a)     Notwithstanding anything to the contrary contained in any other law, the Commissioner may patrol the borders of the Republic and acquire any equipment necessary for patrolling the land and sea borders of the Republic, including any-

(i)      patrol boats, aircraft and other vehicles; and

(ii)     arms and ammunition required to equip or supply any customs patrol boat, aircraft or other vehicle.

(b)     When patrolling the borders of the Republic an officer may arrest any person in accordance with the provisions of section 4A.

 

(2)

 

(a)     The customs officer commanding any customs patrol boat having hoisted and carrying or displaying the South African Revenue Service (SARS) customs ensign or flag may pursue any vessel where-

(i)      that vessel does not immediately come to a stop when signalled, ordered or required to do so; or

(ii)     the operator of the vessel refuses to permit the vessel to be boarded.

(b)     The customs officer commanding any customs patrol boat involved in pursuing a vessel as contemplated in paragraph (a) may, as a last resort and after having fired a warning, fire at or into the vessel to compel it to come to a stop.

 

(3)

 

(a)     Any customs patrol boat may exercise on behalf of the Republic, or on behalf of a foreign state, the right of hot pursuit of any vessel in accordance with Article 111 of the United Nations Convention on the Law of the Sea.

(b)     The seizure of such a vessel and the arrest of any person on board such a vessel may be effected by any customs officer on board a customs patrol boat.

 

(4)     Notwithstanding anything to the contrary contained in any other law-

 

(a)     customs patrol boats, aircraft and vehicles are exempted from any-

(i)      registration, licensing or other requirement or any related fee normally applicable to the possession or movement of vessels, aircraft or vehicles, if clearly marked and identifiable as a customs patrol boat, aircraft or vehicle; or

(ii)     mooring, docking, landing or road toll fee, or any similar charge, whilst used for official duties; and

(b)     officers serving on board customs patrol boats are exempted from any provisions in any other law relating to their competency or certification if adequately trained and tested in accordance with the standards prescribed by rule in order to ensure their competency and certification.

 

(5)     The Commissioner may make rules-

 

(a)     as to all matters required or permitted by this section to be prescribed by rule;

(b)     in respect of any other matter which the Commissioner may consider reasonably necessary and useful for the efficient and effective administration of the provisions contained in this section.

[Section 4C inserted by section 26 of Act 61 of 2008 effective on 31 Mar 2009]