Reminder | The Immigration Amendment Bill,2024 which was published on 19 March 2024, is open for comment

This is a reminder that the Immigration Amendment Bill, 2024, which was published on 19 March 2024, is open for comment. All interested persons and parties are encouraged to make written representations before the deadline of 22 November 2024. Written submissions must be directed to the Committee Secretary, Mr Eddy Mathonsi at ImmigrationBill@parliament.gov.za.

28 Oct 2024 1 min read Immigration Law Alert Article

The Bill seeks to amend the Immigration Act 13 of 2002 (Immigration Act) by addressing issues that arose from the following two Constitutional Court judgments: Lawyers for Human Rights v Minister of Home Affairs and Others 2017 (10) BCLR 1242 (CC); 2017 (5) SA 480 (CC); and Ex parte Minister of Home Affairs and Another v Lawyers for Human Rights ;In Re: Lawyers for Human Rights v Minister of Home Affairs and Others (38/16) [2023] ZACC 34 (30 October 2023). The proposed amendments seek to ensure that any illegal foreigner that is arrested and detained under section 34(1) of the Immigration Act is brought, in person, before a court, within 48 hours from the time of his or her arrest to allow the relevant court to determine whether to extend the detention for purposes of deportation.

The Bill also introduces the criterion of "interests of justice," which will guide immigration officers and courts in the exercise of their powers under the Immigration Act.

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