South Africa has introduced a new rule requiring undocumented foreign nationals to appear before a magistrate within 48 hours of detention for a deportation ruling.
The change comes as part of the Immigration Amendment Act, explained by Home Affairs Minister Leon Schreiber during a national address. The 48-hour window is intended to speed up deportations while providing judicial oversight to prevent arbitrary detention.
Under the old system, undocumented migrants could be held for long periods without seeing a judge, which sometimes led to delays and legal concerns. The updated law aims to offer clearer legal guidelines, balancing faster enforcement with protection of detainees’ rights.
Schreiber said the reform should also help ease pressure on the Department of Home Affairs, which has faced backlogs and overcrowded detention centers. Faster processing and early court involvement are expected to reduce administrative strain.
Officials who do not follow the new procedure could face penalties or legal action for unlawful detention, the minister added. He called on immigration officers, police and magistrates to apply the rules consistently.
Legal experts say the update brings South Africa closer to international standards, which encourage prompt judicial review in immigration cases. Some rights groups support the added oversight, though questions remain about how quicker deportations will affect migrant communities.
The government plans to roll out training for officials and public awareness campaigns to inform migrants of their rights under the new system.