1. The draft Proclamation in terms of section 97 of the Constitution of the Republic of South Africa, 1996 (the “Constitution”), to transfer functions from relevant Organs of State, has been drafted and being consulted on with the said relevant Organs of State. Once there is concurrence on the contents of the Proclamation, the draft Proclamation will be forwarded to the Presidency for the President to approve same. Thereafter, the Department will cause the Proclamation to be gazetted.
2. The current draft Proclamation, in terms of section 97 of the Constitution has been revised to remove legislation that affects SARS-Custom and the SANDF. The Department is currently undergoing consultations with organs of state as required by the requisite processes and they have undertaken to provide such feedback by no later than 10 September 2021.
3. The establishment of the BMA in South Africa is an unprecedented “Whole-of-Government” endeavour led by the Presidency and guided by the Department of Public Service and Administration, and the National Treasury in terms of the Public Service Act, the Public Finance Management Act and the National Macro-Organization of Government (NMOG)principles.
The operationalization of the BMA Act involves multiple Organs of State, and complex regulatory, legislative, staffing, budgeting and funding processes; and as such, the BMA Act, 2020 will be operationalized in an incremental manner over a ten (10) year period ending in 2030.
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