Immigration Amendment Bill passes NCOP hurdle; now awaits Ramaphosa's signiture

THE Immigration Amendment Bill now awaits President Cyril Ramaphosa’s signature having been unanimously passed by the National Council of Provinces (NCOP). 

The Bill was introduced following a 2017 Constitutional Court ruling mandating Parliament to amend the Immigration Act within 24 months due to its unconstitutional elements.

The court declared the Act unconstitutional as it did not require an automatic judicial review of a detention before 30 calendar days expired.

It had also noted that the Act did not require that a detainee be informed of his or her rights, in particular, the right to legal representation by a lawyer of their own choice and be assigned one at State expense if substantial injustice would otherwise result.

In its supplementary judgment issued on 30 October 2023, the court ordered that undocumented immigrants could only be detained if deemed in the interests of justice and it mandated court appearances within 48 hours of detention.

At its last sitting for the year, the NCOP considered the Select Committee on Security and Justice's report after conducting public consultations on the bill.

A total of 60 MPs voted in favour, with just five against and one abstention.

NCOP chairperson Refilwe Mtseni-Tsipane confirmed the bill's passage, announcing, “In terms of section 75 of the Constitution, the bill stands agreed to.”

Select Committee on Security and Justice chairperson Jane Mananiso said the bill aims to foster a human rights culture in migration and strengthen judicial oversight and the rule of law in compliance with the Constitutional Court order.

“The bill introduces the interest of justice criteria, which serves as a guidance within which immigration officers and the courts may exercise detention powers,” she added.

NCOP deputy chairperson and IFP MP Les Govender said  the bill would provide clearer guidelines for law enforcement on handling illegal immigrants in detention, benefitting the justice system by preventing prolonged detentions.

“It would really be unfair upon those people that are in detention for long periods of time to remain there, and that creates problems for our justice system in terms of the prisons and immigrants being held there for so long,” Govender said.

Cape Times