Chapter 3

THE ROLE OF THE SANDF IN SOUTH AFRICAN BORDER CONTROL MECHANISMS

The involvement of the SANDF in border control, in co-operation with the SAPS, derives from section 82(4)(B)(ii) on the maintenance of law and order of the Constitution of the Republic of South Africa (Act 200 of 1993). The function of borderline control was approved by parliament in a cabinet memorandum on 30 April 1999. The SANDF is a co-player in the collective approach of the government to execute borderline control on the country’s borders.

In this section, the following will be discussed:

the legal position of the SANDF in deploying to undertake borderline control tasks;

the concept of border safeguarding;

borderline control tasks;

command and control;

the deployment of SANDF members and successes achieved; and

the way forward.

The legal position of the SANDF in borderline control tasks

The SANDF, in co-operation with the SAPS, is used to undertake borderline control tasks in various areas of South Africa, as well as on certain international borders. This occurs according to Section 82(4)(B)(II) of the 1993 Constitution which allows for the SANDF to assist the SAPS in upholding law and order in the country. This includes the traditional borderline control functions of the SANDF.

Based on the 1993 Constitution, the legal position with regard to border control functions is as follows:

The functions of the SAPS (section 205) include the prevention of crime; the investigation of any crime, or alleged crime; the maintenance of law and order; and the protection of the internal security of South Africa.



The functions of the SANDF (Section 200 and 201) include service in defence of South Africa to protect the sovereignty of the state and its territorial integrity; service to comply with international obligations; service to protect lives and property; service to maintain essential services; service to maintain law and order in co-operation with the SAPS; and service in support of any state department for socio-economical upliftment.



When the SANDF is employed by the President for any of the above functions, its members will be entrusted with the powers and authority required to perform these functions. On 19 June 1996, the SANDF was employed by the President for the maintenance of law and order countrywide. This is specifically linked to the development, implementation and execution of the National Crime Prevention Strategy (NCPS).

The role of the SANDF in crime prevention is focused on preventive actions and excludes investigation, which is primarily the task of the SAPS. The general role of the SANDF in combating crime includes, inter alia, the following:

The SANDF should not be involved in the prevention of routine (petty) crime.

The SANDF should concentrate on crime that threatens the constitutional order;

the prevention of crime in concurrence with international customs/standards;

the prevention of serious crime prevalent in society; and

the protection of the country’s sea and land borders, as well as its airspace.

Border safeguarding

The role of the SANDF in border safeguarding includes several functions. Border protection involves the protection of South Africa’s international border against all hostile action, conventional attack, and other similar events. This relates to a time of war and will not be discussed further (see diagram 1 for more information).

Borderline control is the responsibility of the SANDF and involves the application of border control on the borderline between identified ports of entry. It also includes air space and maritime control. Strategically, the SANDF must guarantee the border of the country through the effective monitoring of the border, control over illegal border crossings and the prevention of the violation of territorial integrity. In this regard, the SANDF deploys an effective monitoring system with a high-intelligence integrated (detective) value. This system is supported by an effective follow-up ability to neutralise border crossings. Force multipliers are optimally utilised as part of the monitoring system. During tactical operations, greater emphasis is placed on effective monitoring and follow-up actions, especially when the border obstacle system cannot be utilised to the optimum.

Community safeguarding operations (in the interior) also aim at detecting and neutralising illegal immigrants and armed persons who have crossed the border. This includes directional action such as movement control, follow-up actions and search operations. Regional Task Forces have reaction forces that can be utilised for this purpose.

Borderline control tasks

The SANDF is responsible for borderline control tasks. This is undertaken by the Regional Joint Task Force which, in turn, may delegate such functions to the Joint Group Headquarters in their areas of responsibility. It is also involved in joint planning, co-ordination and implementation at national, provincial, area and ground level within existing co-ordinating structures.

The SANDF undertakes the monitoring of the borderline between official border posts. This includes the erection or deployment of aids such as sensors, barrier systems and border monitoring systems; remote controlled aircraft; night sight equipment; and long distance TV (LDTVs) and SONOP.1 It is also responsible for the deployment of observation and listening posts.

The SANDF undertakes the patrolling of the borderline between official border posts. This includes border patrols in the ‘agreed area’ which consist of foot, vehicle, mounted, motorcycle and air patrols. It also involves the use of patrol or tracker dogs. Patrols adjacent to the border monitoring systems are undertaken, as well as in-depth patrols of the ‘agreed area’ and roads to the borderline to counter in-depth penetration. In this regard, it is responsible for the employment of reaction forces, the authorisation and deployment of roadblocks and vehicle control points within the ‘agreed area’, and the monitoring of flights crossing the border.

Searching by the SANDF includes the cordoning off and searching of premises suspected of containing illegal immigrants or goods; the searching of persons crossing the border illegally; the searching of persons and vehicles at roadblocks and vehicle control points; and the use of the Military Explosive and Drug Detecting System (MEDDS) during searches.

The following tasks and activities are associated with the monitoring and patrolling of the borderline:

the arrest of suspects based on information based on information or reasonable grounds and the handing over of those arrested to the SAPS;



the seizure of illegal goods and the handling over of such goods to the SAPS;



the cordoning off and transfer of a crime scene to the SAPS for investigation;



the recording of evidence and the furnishing of proof and exhibits;



the restriction of custody and guarding of suspects prior to handing them over to the SAPS;



the provision of food and medical services to temporary detainees; and



the transport of detainees.

The collection, collation and dissemination of intelligence by the SANDF in the borderline area must be done in accordance with current intelligence policy and in close co-operation with the National Operational Co-ordinating Mechanism.

In terms of support for the operational task, the following is required to support borderline control operations:

the provision of patrol roads;



detection systems, barrier systems, sensors and border monitoring systems;



operational basis and patrol shelters in cold areas;



tactical airfields;



the provision and maintenance of an effective communication system;



communication operations;



logistical support;



liaison with neighbouring countries responsible for borderline control in their countries through the appropriate level of the National Operational Co-ordinating Mechanism;



co-ordination with other departments and roleplayers involved through the National Operational Co-ordinating Mechanism at all levels.



Current doctrine to keep abreast of, among others, new techniques and equipment; and



up to date maps.

Command and control

Co-ordination between the borderline control functions and the border post control occurs through the National Operational Co-ordinating Mechanism. Border post control is based on a collective approach between the Department of Home Affairs, SARS and the SAPS (see diagram 2 for more details).

Deployment and successes of the SANDF

The SANDF is currently deployed in priority areas for borderline control operations. Due to budget constraints, the SANDF has to prioritise its deployment and deploy forces according to the priorities. These are:

Priority 1: Borderline control on the Mozambique and Zimbabwean borders;

Priority 2: Borderline control on the Swaziland and Lesotho borders; and

Priority 3: Borderline control on the Botswana and Namibia borders.

Forces are currently only deployed in Priority 1 and Priority 2 areas.

From the statistics in table 3 and 4, it is clear that most successes are achieved with arresting people who cross borders illegally. Success with the confiscation of firearms is not significant. This probably indicates that the proliferation and movement of arms take place in an organised manner.

Arrests in the interior of people who crossed borders illegally show that there are many illegal immigrants in the country. During 1998, 3 475 illegal immigrants were arrested by the SANDF and between January and July 1999, 2 221 illegal immigrants were arrested.

The SANDF has also established Crossborder Liaison Forums to communicate with the border officials of most of the neighbouring countries. The aim is to attend to issues that could prevent the illegal crossing of international borders and crossborder crime, including health care facilities, schools and employment opportunities for members of communities close to the border.

The way forward

The current situation with illegal border crossings and crossborder crime points to the imminent deployment of the SANDF in the short to medium term to assist in preventing the illegal crossing of borders and crossborder crime.

The SANDF concentrates on the priorities identified by the National Operational Co-ordinating Committee, such as crossborder crime, firearms-smuggling, drug-smuggling and organised crime, for example, vehicle theft syndicates.

The SANDF also takes part in operational planning within the context of SARPCCO to conduct crossborder crime prevention operations.

Note

ONOP is a device used by the military to see over long distances.