The high court had found the Refugee Act invalid to the extent that it provided that asylum seekers who have not renewed their asylum visa within one month of the date of the expiry of the visa, were considered to have abandoned their asylum applications and would not be allowed to reapply for asylum.
The Home Affairs Department aims to introduce in Parliament by the end of March next year, a bill which seeks to fix the constitutional defects in the Refugee Act.
In December 2023, the Constitutional Court confirmed a ruling by the Western Cape High Court that found the Refugee Act inconsistent with the Constitution.
The high court had found the Refugee Act invalid to the extent that it provided that asylum seekers who have not renewed their asylum visa within one month of the date of the expiry of the visa, were considered to have abandoned their asylum applications and would not be allowed to reapply for asylum.
The apex court order was without a suspense order with an accompanying obligation on Parliament to correct the effect within a certain period.
Briefing the home affairs portfolio committee this week, the department’s legal advisor Moses Malekane said the department has proceeded to develop an amendment bill to deal with the impugned provisions as per the Constitutional Court order.
Malekane said the bill has been processed and shared with branches with a view to consult internally.
“We are consulting with branches. Once we conclude we are to table the bill with the executive committee and request to approve the bill and be sent to the minister for approval.”
Malekane said they were of the view that the bill was a constitutionally mandated revision of the Refugee Act.
“We are of the considered view that we will not subject the bill to public comments.
“We are to request the Cabinet to approve the introduction of the bill to Parliament and parliamentary processes will unfold,” he said.
Malekane said the draft bill, in the department’s view, did not require to be published for public comments as the amendments are mandated by the Constitutional Court.
“The department will also request exemption from the Presidency as it relates to the required socio-economic impact assessment system as soon as the executive committee and minister approves the draft bill.”
He said should the bill be finalised urgently, it will be introduced in Parliament by the end of March 2025.
Parliamentary legal advisor Lonwabo Sopela said the presentation by the department was sufficient and aligned with what they previously recommended to the committee.
Meanwhile, director-general Tommy Makhode informed the MPs that they were in the process of drafting the One-Stop Border Post Bill.
The bill seeks to regulate the establishment of one-stop border posts through international agreements; provide for the establishment of common control zones in the territory of an adjoining state; provide for one stop border processing arrangements; authorise the application of the laws of the Republic and the adjoining state in the one-stop border post; among others.
Parliamentary legal advisor Lehotlo Moshoko said the bill was constitutionally and procedurally in order.
State law advisor Lisa Naidoo confirmed that the drafting of the bill was aligned to the drafting practices and was constitutionally sound.
Makhode also said the department had undertaken in September 2023 to look for prospective partners for the development of six border posts through a public-private partnership initiative for Beit Bridge, Lebombo, Klopfenstein, Ficksburg-Maseru, and eSwatini border posts.
He said they received a number of bids on the matter.
“The next process is the evaluation of bids that will start in November.
Given the complicated transactions involved, this process will take a bit of time.”
Makhode said the evaluation will take 180 days and the evaluation report would be handed over to the National Treasury to start negotiations with successful bidders.
The announcement of the winners was expected to be made around March 2025.
Cape Times
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