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The National Council of Provinces (NCOP), in its final sitting of 2025 today, passed the Immigration Amendment Bill. This crucial piece of legislation aligns the country's immigration detention procedures with Constitutional Court rulings.
 
The Bill amends the Immigration Act of 2002 to address two specific Constitutional Court judgments. One amendment requires that any illegal foreign national detained for deportation purposes must be brought before a court in person within 48 hours of arrest. The court must then determine whether further detention is in the interests of justice before authorising deportation.
 
This amendment provides critical judicial oversight and provides clear guidance to immigration officers and the courts when exercising detention powers. With this Bill, a balance is struck between government's need to manage immigration effectively and the need to protect the rights of persons. This fosters a more just and transparent administrative system.
 
The passage of this Bill has significant implications for the administration of justice and the operations of the Department of Home Affairs. Among these are upholding constitutional rights as the Bill ensures that the fundamental right to freedom and security of the person is protected and mandates prompt judicial review of any immigration-related detention. The Bill also provides a clear, legally sound framework for immigration officials to reduce legal ambiguity and the potential for litigation.
In this regard, the amendments are in the interest of justice. The Bill also improves oversight by requiring a court to authorise extensions to detention, thereby strengthening the rule of law and oversight within the immigration system.
 
The NCOP's Select Committee on Security and Justice processed the Bill, which included an extensive public participation process from 3 to 24 October 2025. By passing the Immigration Amendment Bill, Parliament has reaffirmed its commitment to ensuring that laws comply with the highest standards of constitutional democracy.

Issued by Parliament