Immigration Amendment Bill Passes in South African Parliament

Strategic Insights -

The South African Parliament has passed the Immigration Amendment Bill, a response to a 2017 Constitutional Court ruling that found sections of the Immigration Act to be unconstitutional. The Bill was introduced in April 2024 and has undergone extensive public consultation. Key amendments include automatic judicial review of detention and the requirement for detainees to be informed of their rights, including the right to legal representation. The Bill will now be sent to the National Council of Provinces for concurrence.

Key Takeaways:

  • The Immigration Amendment Bill was introduced in Parliament on 5 April 2024 by the Minister of Home Affairs.
  • The Constitutional Court ruled in 2017 that sections of the Immigration Act were unconstitutional, including the requirement for automatic judicial review of detention and provision of information on detainees' rights.
  • Public hearings were conducted on 11 and 18 February 2025 as part of extensive public consultation.
  • The Parliamentary Legal Services and the Office of the State Law Advisor prepared proposed amendments to the bill, which were presented to and approved by the Portfolio Committee on Home Affairs on 10 June 2025.
  • The committee conducted a clause-by-clause deliberation on the bill and adopted the report on 22 July 2025.
  • Minah Liaises, chairperson of the Portfolio Committee on Home Affairs, oversaw the deliberations.
  • The Bill will be sent to the National Council of Provinces for concurrence.

Statistics:

  • 24 months: The timeframe given by the Constitutional Court for Parliament to amend the Immigration Act.
  • 48 hours: The timeframe within which detainees must be brought before a court.
  • 30 calendar days: The timeframe before which an automatic judicial review of detention must occur.
  • 5 April 2024: The date on which the Immigration Amendment Bill was introduced in Parliament.
  • 11 and 18 February 2025: The dates of public hearings conducted as part of extensive public consultation.

Sources:

  • Parliament of South Africa
  • Constitutional Court of South Africa