- National Assembly passes the Immigration Amendment Bill during its plenary sitting.
- Bill addresses Constitutional Court rulings on detainee rights and detention periods.
- The Bill now heads to the National Council of Provinces for concurrence.
The National Assembly has passed the Immigration Amendment Bill, Parliament confirmed on Thursday.
According to parliamentary spokesperson Moloto Mothapo, the Bill was introduced in April 2024 by then Home Affairs Minister Dr Aaron Motsoaledi, following a Constitutional Court ruling.
The Constitutional Court found in 2017 that parts of the Immigration Act were unconstitutional, specifically section 34(1)(b), which allowed detention without an automatic judicial review for up to 30 days.
The Court further ruled that detainees were not adequately informed of their rights under section 35(2) of the Constitution, including:
- The right to legal representation by a lawyer of choice.
- The right to State-funded legal representation if substantial injustice would otherwise occur.
In a supplementary judgment on 30 October 2023, the Court tightened requirements, ruling that:
- Only when it serves the interests of justice may undocumented immigrants be held.
- Within 48 hours, detainees are required to appear in court.
The Court gave Parliament 24 months to align the law with these constitutional requirements.
To comply with this order, Parliament’s Portfolio Committee on Home Affairs conducted public hearings on 11 and 18 February 2025. Civil society organisations made oral submissions to shape the amendments.
Following deliberations in May and June, the Parliamentary Legal Services and the Office of the State Law Advisor prepared proposed changes. These were adopted by the committee on 10 June 2025, with a clause-by-clause review completed on 22 July 2025.
Next Steps for the Immigration Amendment Bill
With the National Assembly’s approval, the Bill now moves to the National Council of Provinces (NCOP) for concurrence before it can become law.