Two new laws for South Africa waiting for Ramaphosa’s signature
Two new Bills are on President Cyril Ramaphosa’s desk, awaiting his signature: one proposing the creation of a new state-owned company focused on water, and the other, new immigration laws.
A signature from the President would assent to the laws, making them an Act, finalising an extensive legislative process. Promulgation then follows to put them into effect.
Bills require public comment and approval from the National Assembly and the National Council of Provinces, with alterations often made along the way.
While uncommon, Bills are not always signed by the President; the President can return legislation to Parliament if they see any procedural or constitutional issues.
This was the case recently, when Ramaphosa returned the RICA Bill to Parliament for reconsideration due to concerns about its constitutionality.
The President can also refer Bills to the Constitutional Court if there are concerns about the constitutionality of a new piece of legislation.
The President’s desk only has two bills that require his signature, which is a far cry from the over 20 on his desk ahead of the 2024 elections.
The two Bills on his desk are currently the Water Resources Infrastructure Agency SOC Limited Amendment Bill and the Immigration Amendment Bill.
The former is part of the government’s plan to address the nation’s ongoing water crisis, while the latter offers proposed changes to the nation’s immigration laws.
South African National Water Resources Infrastructure Agency SOC Limited Amendment Bill
South Africa is facing a major water crisis, with taps around the country running dry, particularly in Johannesburg and Knysna, in recent months.
Ramaphosa said that water shortages caused by infrastructure challenges could be far worse than load shedding, which weakened the economy in 2023 and early 2024.
Speaking at the 2026 State of the Nation Address (SONA), Ramaphosa said the nation’s water challenges stem from the neglect of critical infrastructure across municipalities nationwide.
While there is no quick fix to the problem, Ramaphosa said that the government had committed R156 billion to water infrastructure over the next three years.
The government is also establishing the National Water Resource Infrastructure Agency to tackle the issue.
The new state-owned entity will monitor the nation’s water infrastructure and mobilise funding for the infrastructure.
Minister of Water and Sanitation, Pemmy Majodina, noted that the existing system, marked by fragmented responsibilities, has failed to attract the investment needed to tackle water issues.
While the initial South African National Water Resources Infrastructure Agency SOC Limited Act was assented to in 2024, the new Bill looks to amend certain parts of the initial Act.
The new amendment seeks to enhance the institutional and governance framework for water infrastructure in South Africa.
It provides for the Agency’s listing as a major public entity in Schedule 2 of the Public Finance Management Act (PFMA).
It also provides for the delisting of the Trans-Caledon Tunnel Authority from Schedule 2 of the PFMA, which has been responsible for financing and implementing bulk raw water infrastructure projects.
Immigration Amendment Bill
The Immigration Bill amends the Immigration Act of 2002 and addresses two Constitutional Court judgments.
One amendment requires that any illegal foreign national detained for deportation purposes be brought before a court in person within 48 hours of arrest.
The court will then determine whether further detention is in the interests of justice before authorising the deportation of the foreigner to their home country.
“This amendment provides critical judicial oversight and provides clear guidance to immigration officers and the courts when exercising detention powers,” said Parliament.
“With this Bill, a balance is struck between the government’s need to manage immigration effectively and the need to protect the rights of persons.”
It added that the Bill provides a clear framework for immigration officials to reduce legal ambiguity and litigation risk.
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