Cape Town – The National Assembly has passed the Immigration Amendment Bill, fulfilling a Constitutional Court directive to align the legislation with South Africa’s Constitution.
In a statement, Parliament confirmed that “the National Assembly at its plenary sitting today, passed the Immigration Amendment Bill, which was introduced in Parliament on 5 April 2024 by the Minister of Home Affairs.”
The Constitutional Court in 2017 found parts of the Immigration Act unconstitutional, particularly section 34(1)(b), which did not require an automatic judicial review of detention within 30 calendar days.
NATIONAL ASSEMBLY PASSES THE IMIGRATION AMENDMENT BILL
The National Assembly at its plenary sitting today, passed the Immigration Amendment Bill, which was introduced in Parliament on 5 April 2024 by the Minister of Home Affairs.
In 2017, the Constitutional Court ordered…
— Parliament of RSA (@ParliamentofRSA) September 11, 2025
The court also noted that the act failed to guarantee that detainees were informed of rights under section 35(2) of the Constitution, including the right to legal representation.
“In a supplementary judgment delivered on 30 October 2023, the Constitutional Court ordered that undocumented immigrants may only be detained if it is in the interests of justice and that detainees must be brought before a court within 48 hours,” Parliament said.
📺 Watch the DA’s Adrian Roos unpack the new Immigration Amendment Bill, which will close loopholes and strengthen enforcement while protecting rights.
This bill sets out clear rules for detention, magistrate oversight, and child protection to ensure fairness and accountability. pic.twitter.com/p9WHb6hHOJ
— Democratic Alliance (@Our_DA) September 11, 2025
The court gave lawmakers 24 months to make the necessary amendments.
The Portfolio Committee on Home Affairs undertook a public participation process, hearing oral submissions from civil society and conducting public hearings on 11 and 18 February 2025.
The committee deliberated on the bill on 6 and 20 May and 3 June 2025, before instructing Parliamentary Legal Services and the Office of the State Law Advisor to draft proposed changes.
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WATCH🎥: Immigration Amendment Bill
Hon. Liezl Van der Merwe says illegal immigration is a national crisis. The IFP believes in the rule of law & the protection of human rights. #IFPinParliament pic.twitter.com/wqR1s6JChw
— #VoteIFP (@vote_ifp) September 11, 2025
“The proposed amendments were presented to and approved by the committee on 10 June 2025,” the statement added. A clause-by-clause deliberation followed, and the report on the bill was adopted on 22 July 2025.
The bill now heads to the National Council of Provinces for concurrence.
♦️Must Watch♦️
EFF Member of Parliament, Honourable Dr Suzan Thembekwayo, delivers a principled and powerful speech during the debate on the Immigration Amendment Bill.
She reaffirms the EFF’s support for the Bill, grounding her argument in the Constitutional Court’s 2017… pic.twitter.com/OlYBhvj7Ik
— Economic Freedom Fighters (@EFFSouthAfrica) September 11, 2025
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Compiled by Betha Madhomu
