The National Assembly has passed the Immigration Amendment Bill, eight years after the Constitutional Court first ruled that parts of the Immigration Act were unconstitutional. The bill aims to ensure fairer treatment for detained illegal foreign nationals, with specific protections for women and children.
The court had given Parliament 24 months to rectify the act, a deadline that expired in 2019. The rulings came after successful litigation by the organization Lawyers for Human Rights.
Home Affairs Minister Leon Schreiber stated the bill will lead to new regulations designed to streamline the deportation process. Key provisions in the legislation include:
– A requirement that a detained person must appear before a court within 48 hours of their arrest.
– A stipulation that no one can be held for longer than 30 days under the Immigration Act.
Minister Schreiber said these new standards provide greater predictability and objectivity to the process. He argued it would make it harder for officials to arbitrarily release detainees while also limiting endless legal challenges to deportations, ultimately creating a stronger enforcement system.
The bill was not without its critics. The MK Party criticized the minister, arguing the government was only acting because of court pressure and that many issues stem from inefficiencies within the Home Affairs department itself. ActionSA also rejected the bill, calling for an urgent review of the broader White Paper on Migration.
The Immigration Amendment Bill has now been sent to the National Council of Provinces for concurrence before it can be signed into law. Minister Schreiber also announced that a draft White Paper on Citizenship, Immigration and Refugee Protection will be released for public comment.
