News
September 14, 2025
Discussion | Immigration Amendment Bill heads to NCOP for concurrence
Discussion | Immigration Amendment Bill heads to NCOP for concurrenceEstelle.BronkhorstSun, 09/14/2025 - 09:30 JOHANNESBURG - The National Assembly has passed the Immigration Amendment Bill.It's Parliament’s answer to a Constitutional Court order dating back to 2017.The court ruled parts of the act are unconstitutional, as they failed to protect the rights of detainees.The bill ensures undocumented migrants can only be detained if it’s in the interests of justice, and must be brought before a court within 48 hours.Mosa Chabane, Chairperson of Parliament's Home Affairs Committee, discusses this further.
Johannesburg - The Immigration Amendment Bill is now headed to the National Council of Provinces (NCOP) for concurrence after being passed by the National Assembly. This crucial piece of legislation represents Parliament's response to a 2017 Constitutional Court ruling that deemed sections of the existing Immigration Act unconstitutional due to their failure to adequately protect the rights of detained individuals.
The bill aims to rectify these shortcomings by introducing significant safeguards for undocumented migrants. A key provision stipulates that undocumented migrants can only be detained if it is demonstrably in the interests of justice. Furthermore, the bill mandates that any detained undocumented migrant must be brought before a court of law within 48 hours of their detention. This measure is designed to prevent prolonged and potentially unlawful detention, ensuring that individuals are afforded due process and their rights are respected.
Mosa Chabane, Chairperson of Parliament's Home Affairs Committee, has been a leading voice in advocating for the bill. According to Chabane, the legislation is a vital step towards aligning South Africa's immigration laws with the Constitution and international human rights standards. The 48-hour rule, in particular, is expected to significantly reduce the risk of arbitrary detention and ensure that individuals have access to legal representation and the opportunity to challenge their detention.
The bill's passage through the National Assembly marks a significant milestone in addressing the concerns raised by the Constitutional Court. However, the journey is not yet complete. The NCOP will now review the bill, considering the perspectives of provincial legislatures before deciding whether to concur with the National Assembly's version. If the NCOP approves the bill, it will then be sent to the President for assent, paving the way for it to become law. The Immigration Amendment Bill’s progress through the NCOP will be closely watched by civil society organizations, legal experts, and communities affected by immigration policies, as it promises to reshape the landscape of immigration detention in South Africa.
The bill aims to rectify these shortcomings by introducing significant safeguards for undocumented migrants. A key provision stipulates that undocumented migrants can only be detained if it is demonstrably in the interests of justice. Furthermore, the bill mandates that any detained undocumented migrant must be brought before a court of law within 48 hours of their detention. This measure is designed to prevent prolonged and potentially unlawful detention, ensuring that individuals are afforded due process and their rights are respected.
Mosa Chabane, Chairperson of Parliament's Home Affairs Committee, has been a leading voice in advocating for the bill. According to Chabane, the legislation is a vital step towards aligning South Africa's immigration laws with the Constitution and international human rights standards. The 48-hour rule, in particular, is expected to significantly reduce the risk of arbitrary detention and ensure that individuals have access to legal representation and the opportunity to challenge their detention.
The bill's passage through the National Assembly marks a significant milestone in addressing the concerns raised by the Constitutional Court. However, the journey is not yet complete. The NCOP will now review the bill, considering the perspectives of provincial legislatures before deciding whether to concur with the National Assembly's version. If the NCOP approves the bill, it will then be sent to the President for assent, paving the way for it to become law. The Immigration Amendment Bill’s progress through the NCOP will be closely watched by civil society organizations, legal experts, and communities affected by immigration policies, as it promises to reshape the landscape of immigration detention in South Africa.
Category:
Politics