{"id":845921,"date":"2025-12-26T07:00:00","date_gmt":"2025-12-26T05:00:00","guid":{"rendered":"https:\/\/businesstech.co.za\/news\/?p=845921"},"modified":"2025-12-26T06:23:59","modified_gmt":"2025-12-26T04:23:59","slug":"new-immigration-laws-coming-for-south-africa","status":"publish","type":"post","link":"https:\/\/businesstech.co.za\/news\/government\/845921\/new-immigration-laws-coming-for-south-africa\/","title":{"rendered":"New immigration laws coming for South Africa"},"content":{"rendered":"\n

Home Affairs is seeking to amend the nation\u2019s immigration laws, but members of the public are concerned about certain aspects of the Immigration Amendment Bill.<\/p>\n\n\n\n

In 2017, the Constitutional Court ruled that sections 34(1)(b) and (d) of the Immigration Act were unconstitutional. <\/p>\n\n\n\n

This was due to detainees not being informed of their right to legal representation, being denied the opportunity to be represented or appear in court, and numerous other issues. <\/p>\n\n\n\n

The declaration of invalidity was suspended for a period of 24 months, and any illegal foreigner detained under the Immigration Act must be brought before a court in person within 48 hours. <\/p>\n\n\n\n

In October 2023, the Court supplemented its 2019 order by allowing a detainee to appear before a court in person when a court is considering whether to extend a detention period beyond 30 days. <\/p>\n\n\n\n

It also introduced the \u201cinterests of justice\u201d criterion as a guideline for immigration officers and courts in exercising their discretion under the Immigration Act.<\/p>\n\n\n\n

The Immigration Amendment Bill, 2024, is currently before the National Council of Provinces and is undergoing the parliamentary process before being enacted into law.  It is now open for public comment. <\/p>\n\n\n\n

According to Cliffe Dekker Hofmeyr, the Bill proposes significant changes to the arrest and detention of undocumented foreigners, with stakeholders submitting comments on a range of issues. <\/p>\n\n\n\n

\u201cFurther developments in relation to the Bill are expected as Parliament and the Department of Home Affairs consider the submissions made by the public,\u201d said Cliffe Dekker Hofmeyr. <\/p>\n\n\n\n

Major concerns<\/strong><\/h2>\n\n\n
\n
\"\"<\/a>
Home Affairs Minister Leon Schreiber <\/figcaption><\/figure><\/div>\n\n\n

Parliament\u2019s Select Committee on Security and Justice recently held a public hearing on the Bill. <\/p>\n\n\n\n

The Law Society of South Africa and the Helen Suzman Foundation said that the requirement in the Bill to bring a detained individual before a court within 48 hours may overburden the lower courts. <\/p>\n\n\n\n

This is especially true for high-volume areas, such as Musina and Lindela. <\/p>\n\n\n\n

These organisations suggested the establishment of specialised immigration courts or the appointment of designated magistrates to manage immigration-related cases.<\/p>\n\n\n\n

Some submissions raised concerns that the Bill\u2019s amendments do not go far enough and called for broader reforms to the immigration system, in relation to digitalisation and modernisation.<\/p>\n\n\n\n

Other stakeholders emphasised the need for clear procedural safeguards for detainees and for the Bill to ensure compliance with constitutional rights.<\/p>\n\n\n\n

There were also concerns that the term \u201cinterests of justice\u201d is not clearly defined in the Bill, and this will need to be addressed to allow for clarity and enforceability. <\/p>\n\n\n\n

Home Affairs noted that several submissions extended beyond the scope of the Bill and that some of the issues will be addressed in its forthcoming White Paper on Citizenship, Immigration and Refugee Protection.<\/p>\n\n\n\n

However, the department said that individuals arrested for deportation would retain their full constitutional rights, which would include the right to legal representation and interpretation services.<\/p>\n\n\n\n

The Parliamentary Legal Advisor added that the term \u201cinterest of justice\u201d was a legal standard that would be assessed through regulations in a manner consistent with constitutional jurisprudence.<\/p>\n\n\n\n

Looking ahead, parliament and the DHA will consider the comments and submissions received and may then propose further changes to the Bill.\u00a0<\/p>\n\n\n\n

The Bill\u2019s final text and explanatory memoranda will be published once the legislative process is complete. <\/p>\n\n\n\n

Cliffe Dekker Hofmeyr said that employers and stakeholders will need to review their current immigration compliance processes in preparation. <\/p>\n\n\n\n

Further details and practical guidance will be provided in the final Bill, and official responses to public submissions will be made available. The latest version of the Bill can be found below: <\/p>\n\n\n\n