Cape Town – The National Assembly has officially passed the Immigration Amendment Bill, marking a significant step towards reforming South Africa's immigration laws. This comes eight years after the initial Constitutional Court rulings concerning the detention of undocumented foreign nationals.
What's New in the Immigration Amendment Bill?
The core objective of the Bill is to ensure fairer treatment during arrests and detentions, with a particular focus on safeguarding the rights of women and children. Home Affairs Minister Leon Schreiber believes this Bill will pave the way for new regulations aimed at expediting deportations.
Key Provisions:
- Court Appearance: Individuals detained under the Immigration Act must now appear before a court within 48 hours.
- Detention Limit: No one can be held for more than 30 days.
- Magistrate Oversight: Decisions regarding detention and release will be overseen by magistrates, ensuring consistent standards.
- Child Protection: Children will be referred to child protection services, with detention only considered as a last resort under court supervision.
Closing Loopholes and Strengthening Enforcement
The Immigration Amendment Bill aims to close existing loopholes and strengthen enforcement mechanisms within the immigration system. Minister Schreiber emphasized that the Bill addresses vulnerabilities that previously put both South Africans and migrants at risk.
Previously, decisions on detaining or releasing undocumented immigrants were often inconsistent and prone to abuse. The new law seeks to establish clear rules for immigration officers and magistrates, promoting fair and consistent decision-making.
This Bill also seeks to reduce costly delays associated with appeals and litigation that prolonged deportation processes. The daily cost of detaining an undocumented foreigner is R427, highlighting the importance of efficient and streamlined procedures.
Protecting Human Rights
The Bill reinforces human rights protections by placing magistrates' courts at the center of the process. No detention can occur without a magistrate's approval, and any extended stays require court review. This measure aims to restore public confidence in the immigration system.
By prioritising the best interests of children and ensuring fair treatment for all, the Immigration Amendment Bill represents a crucial step forward in building a more just and effective immigration system in South Africa.