Zuko Komisa
- Parliament has passed a new Immigration Amendment Bill aimed at streamlining the deportation of undocumented foreign nationals while providing specific protections for women and children.
- The bill reforms the arrest process, mandating that detainees appear in court within 48 hours and cannot be held for more than 30 days.
- Despite the new law’s passage, opposition parties, including the MK Party and ActionSA, have criticised the government for the slow pace of reform and have called for a more comprehensive review of migration policy.
After an eight-year-long process initiated by a Constitutional Court ruling, South Africa’s Parliament has passed a new Immigration Amendment Bill aimed at streamlining the deportation of undocumented foreign nationals.
The legislation, which includes specific protections for women and children, now moves to the National Council of Provinces for final approval.
Home Affairs Minister Leon Schreiber said the new law introduces several key reforms to the arrest and detention process.
Under the bill, undocumented individuals must now appear in court within 48 hours of their arrest and cannot be detained for more than 30 days.
He stated that these changes will bring much-needed predictability to the deportation process.
Schreiber emphasised that the reforms will strengthen compliance and reduce arbitrary releases by immigration officers.
He also argued that the new measures will curb endless legal challenges and minimise claims against the Home Affairs department, ultimately boosting its enforcement capabilities.
However, the bill has not been without its critics. The MK Party accused the government of only acting on the issue after being compelled by the courts. Meanwhile, ActionSA dismissed the new legislation, calling for a complete overhaul of the white paper on migration instead of piecemeal amendments.
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