The National Assembly has passed the long-awaited Immigration Amendment Bill this week, a legislative move designed to bring the country’s immigration laws in line with constitutional values following two Constitutional Court judgements.
The core of the bill focuses on the treatment and deportation of undocumented foreign nationals. It introduces a standardized 30-day detention period and enshrines key rights, including access to legal representation and a mandate that any detained individual must be brought before a court in person within 48 hours of arrest.
A spokesperson for the Department of Home Affairs outlined that the court will then use a new, objective criterion—”the interest of justice”—to determine if further detention for deportation is warranted. This standard is intended to provide clarity for immigration officers and the courts, introducing greater predictability to the deportation process. The Minister of Home Affairs is also set to introduce further regulations on deportation procedures.
The bill’s passage occurred amidst a broader review of the nation’s immigration framework. During the debate, the Minister called for the urgent funding and capacitation of the Border Management Authority, citing its “important successes” through digital transformation, to help build a “secure digital border environment.”
However, the legislation faced significant opposition and mixed views. Political parties including the MK Party and Action SA rejected the bill.
An opposition spokesperson acknowledged the constitutional right of all immigrants to legal representation and a court appearance but raised stark practical concerns. They pointed to the Home Affairs department’s “crippling” systemic failures, including backlogs and broken IT systems, which they argued are a primary cause of undocumented status for thousands.
The financial cost was also highlighted, noting it costs the state R427 per day to detain an individual and that the department had spent R180 million over three years to deport over 130,000 people. The opposition argued that adding more court procedures without strengthening enforcement would slow deportations, overburden courts, and leave communities exposed.
“The worst mistake we can make… is to bury our heads in the sand to pretend not to hear, not to see, not to feel the frustrations of ordinary South Africans,” the opposition spokesperson stated, referencing overcrowded clinics, overburdened schools, and rising lawlessness in communities. They warned that when the government fails to enforce its own laws, it fuels public frustration and gives momentum to external anti-immigrant movements.
The spokesperson also stressed that state failure to deliver basic services like healthcare and jobs could not be blamed on immigrants, noting it must “pain all of us” when individuals, including pregnant women, are turned away from hospitals for lacking documentation.
Concerns were also raised about the practicality of the new judicial timelines. It was noted that the South African Human Rights Commission has warned the justice system may lack the infrastructure to uphold the 48-hour rule, potentially risking further rights violations. Calls were made for independent oversight of detention centers.
The bill will now proceed to the National Council of Provinces for concurrence before it can be signed into law.