Key features of the Bill

The Bill was introduced in response to increasing cross-border traffic, which causes congestion and delays at South Africa’s land ports of entry. These delays undermine trade efficiency and hamper regional economic development.

The Bill seeks to address these challenges by replacing the traditional two-stop border post system with a one-stop border post system. This system allows entry and exit processing at a single border post for efficient movement and tracking of people, goods and vehicles between South Africa and its neighbouring countries.

The following are the key provisions of the Bill:

• The Minister of Home Affairs will be able to conclude international agreements with neighbouring states to establish and jointly manage one-stop border posts, create common control zones and authorise officials to carry out border law enforcement functions in accordance with South African law.
• South Africa and neighbouring states will generally exercise jurisdiction over offences in a common control zone based on in whose territory the offence occurs and will conduct proceedings under their own laws. However, South Africa will retain jurisdiction where an offence is also an offence in South Africa, is committed in the common control zone in South African territory, and is committed by a person who is not a citizen of the adjoining state, where the laws of the adjoining state are such that a finding of guilty may lead to the imposition of a death penalty. State officials will enforce those laws in accordance with their own domestic laws.
• Authorities will permit the transfer of money and goods for official purposes between South Africa and neighbouring states through the common control zones without applying standard import and export laws, only if proper declarations and inventories are made and maintained.
• Officials will require that people or goods that were refused entry, or those that unlawfully enter a state (State A), return to the exit state (State B), and the exit state (State B) will be able to take appropriate measures under its domestic laws, on condition that it does not impose any obligation on the entry state (State A).

Current status of the Bill

The Bill was introduced in the National Assembly as one in terms of section 75 of the Constitution (namely, an ordinary bill not affecting provinces). It was passed by the National Assembly on 4 November 2025 for referral to the National Council of Provinces (NCOP) for concurrence.

On 24 June 2026, the NCOP’s Select Committee on Security and Justice (Committee) conducted a public hearing on the Bill. During the hearing, the Committee Secretary advised that public participation requirements in respect of the Bill had been completed and that the Committee should proceed to deliberations and the formal adoption of the Bill, which are to be concluded by September 2026. Should the Committee propose any amendments to the Bill, those amendments would need to be referred to the National Assembly for consideration.

Should there be no further amendments to the Bill following the Committee’s deliberations, and after it has been passed by the NCOP, it will become law on a date fixed by the President by proclamation in the Government Gazette.

We will continue to monitor developments and provide further guidance in relation to the Bill.