SA Parliament Passes Immigration Amendment Bill to Streamline Deportations

SA Parliament Passes Immigration Amendment Bill to Streamline Deportations

South Africa’s Parliament has passed a new Immigration Amendment Bill that seeks to simplify the deportation of undocumented foreign nationals.

The bill also includes specific protections for women and children and now heads to the National Council of Provinces (NCOP) for concurrence.

Also Read: Illegal Foreigners Have Right To Health Care Too: SA Human Rights Commission Says No One Must Be Turned Away

Closing Loopholes and Aligning with the Constitution

The amendments are intended to bring the Immigration Act in line with the Constitution by addressing loopholes that have allowed inconsistencies and abuses in the system.

The changes stem from a Constitutional Court ruling in 2017, which declared parts of the Act unconstitutional.

At the heart of the ruling was section 34(1)(b), which previously allowed people to be detained for up to 30 days without automatic judicial review. The court also criticised section 34(1) for failing to ensure that detainees were properly informed of their rights, including access to legal representation as guaranteed under section 35(2) of the Constitution.

In a follow-up judgment issued in October 2023, the court went further, ruling that undocumented immigrants may only be detained if it is in the interests of justice and must be brought before a court within 48 hours. Parliament was given 24 months to amend the law accordingly.

Key Reforms in the Bill

Under the new bill, undocumented individuals will appear in court within 48 hours of arrest and cannot be detained for longer than 30 days without judicial oversight. Decisions about detention will now require a magistrate’s approval, and longer stays will be subject to court review.

Home Affairs Minister Leon Schreiber described the reforms as a turning point for the department, saying they would “bring predictability to the deportation process” while reducing arbitrary releases and costly legal disputes. He argued that the new framework will close loopholes, strengthen enforcement, and improve consistency.

The Democratic Alliance, which holds the Home Affairs ministry, echoed this view. The party emphasised that magistrates will once again play a central role in overseeing detentions, providing an “important safeguard for human rights” and ensuring that deportations cannot easily be overturned in court.

Opposition Pushback

Despite the bill’s passage, critics have dismissed the reforms as insufficient. The MK Party argued that government only acted after being forced by the courts, while ActionSA called for a complete overhaul of migration policy rather than piecemeal adjustments.

Both parties said the legislation fails to address South Africa’s broader migration challenges, including porous borders and systemic inefficiencies in Home Affairs.