The National Assembly has adopted the Immigration Amendment Bill, which substantively overhauls a section of the Immigration Act in line with judgments of the Constitutional Court, which declared it unconstitutional.
The bill is being processed by the National Council of Provinces. It introduces a structured detention framework for illegal foreigners, deleting subsections that permitted detention without automatic judicial review or an in-person court appearance.
In their place, the bill requires immigration officers to assess whether the “interests of justice” permit release, impose reasonable conditions where applicable and record such decisions in a prescribed format.
The revised process mandates that any detained foreigner be brought before a court in person within 48 hours of arrest or on the next court day.
Courts must reassess detention at 30-day intervals, with further extensions capped at 90 calendar days. At each stage, the detainee must be given an opportunity to make oral or written representations, which the court must consider alongside those of the immigration officer.
— The revised process mandates that any detained foreigner be brought before a court in person within 48 hours of arrest or on the next court day.
The bill also requires that detained people be informed of their rights — including the right to legal representation and, where substantial injustice would result, the right to a state-appointed lawyer — in a language they understand, when possible and practicable.
The legislative intervention follows two Constitutional Court rulings: Lawyers for Human Rights v Minister of Home Affairs (2017), which invalidated sections of the act for failing to provide judicial safeguards, and ex parte Minister of Home Affairs (2023), which supplemented the original order with further procedural requirements.
Both judgments found that the principal act failed to meet the standards set out in the constitution, particularly regarding the right to individual freedom and security and the right to challenge detention before a court.
Rising deportations
SA deported 46,898 illegal immigrants in the 2024/25 financial year, marking an 18% increase from the previous year and the highest total in five years.
According to the department of home affairs, the number of deportations rose from 39,672 in 2023/24, surpassing the combined totals of France and Germany over the same period.
Home affairs minister Leon Schreiber attributed the increase to enhanced enforcement operations and inter-agency collaboration, including joint initiatives such as Operation Vala Umgodi. “This marked increase in the effectiveness of enforcement operations demonstrates our commitment to upholding the rule of law,” he said.
The department also highlighted digital transformation reforms aimed at automating entry and exit procedures to prevent illegal crossings at ports of entry. These developments reflect a broader administrative shift towards stricter immigration control and improved co-ordination between home affairs, the Border Management Authority and law enforcement agencies.
In practical terms, the bill codifies a remedial regime already in effect since the expiry of the suspension period in June 2019. While the proposed amendments do not introduce new obligations beyond those ordered by the court, they provide statutory clarity and operational guidance for immigration enforcement and judicial oversight.
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