South African Correspondent
CAPE TOWN – In a significant move to overhaul its immigration system, the South African Parliament has passed the Immigration Amendment Bill, legislation designed to streamline the deportation of undocumented foreign nationals while introducing critical protections for vulnerable groups.
The bill, which now moves to the National Council of Provinces (NCOP) for concurrence, aims to close legal loopholes and align the country’s Immigration Act with a series of Constitutional Court rulings that found previous detention practices unlawful.
The legislative push stems from a 2017 Constitutional Court judgment that declared sections of the Act unconstitutional. The court specifically took issue with a clause that permitted the detention of individuals for up to 30 days without automatic judicial review and which failed to ensure detainees were informed of their right to legal counsel.
A follow-up ruling in October 2023 gave Parliament 24 months to amend the law, mandating that undocumented migrants may only be detained if it is in the interests of justice and must be brought before a court within 48 hours of their arrest.
Key Reforms and Official Response
The newly passed bill directly addresses these court directives. Key changes include:
· A requirement for undocumented individuals to appear in court within 48 hours of arrest.
· A strict 30-day limit on detention without a judicial review.
· Mandatory approval from a magistrate for any decision to detain, with longer stays subject to ongoing court oversight.
· Specific provisions to protect the rights of women and children within the detention and deportation process.
Home Affairs Minister Leon Schreiber hailed the passage as a critical reform for his department. He stated that the amendments would “bring predictability to the deportation process” and reduce both arbitrary releases and costly legal challenges that have previously hampered enforcement.
“This new framework will close loopholes, strengthen enforcement, and improve consistency,” Minister Schreiber argued, framing the bill as a necessary step toward a more orderly and lawful immigration system.
The Democratic Alliance (DA), which holds the Home Affairs portfolio, echoed this sentiment, emphasising the restored role of the judiciary as a human rights safeguard. The party stated that magistrates playing a central role in oversight would ensure that deportation orders are legally sound and less vulnerable to being overturned in court.
Criticism and Opposition
Despite its passage, the bill faced criticism from opposition parties who deemed the reforms insufficient. The uMkhonto weSizwe (MK) Party accused the government of only acting under judicial compulsion, rather than out of proactive leadership.
ActionSA also voiced opposition, calling for a complete overhaul of South Africa’s migration policy instead of what it characterized as piecemeal adjustments. Both parties argued that the legislation fails to address systemic issues such as porous borders and the broader administrative inefficiencies within the Department of Home Affairs.
The bill will now undergo scrutiny in the NCOP. If approved, it will be sent to the President for assent and enactment into law.
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