Immigration Amendment Bill: NCOP Calls for Public Comment

Posted 17 September 2025 Written by Acts Online
Category Parliament

Brought to you by SA Legal Academy: The National Council of Provinces (NCOP) has called for public comment on the Immigration Amendment Bill [B8B-2024] following its passage by the National Assembly on 11 September 2025.

In terms of the legislative process to amend the Immigration Act, No. 13 of 2002, the Select Committee on Security and Justice is processing the ‘B’ version of the Bill. This legislation is designed to give effect to Constitutional Court judgments delivered on 29 June 2017 and 30 October 2023. These judgments found section 34(1) of the principal Act unconstitutional to the extent that it did not require an illegal foreigner to be brought before a court in person within 48 hours of detention.

The Portfolio Committee on Home Affairs introduced several modifications to the original draft before its transmission to the NCOP. These include:

  • The codification of “interest-of-justice” criteria within the Bill’s regulations to guide immigration officials in making detention decisions.
  • Ensuring procedural safeguards for undocumented immigrants to align with the Bill of Rights.

Following a procedural withdrawal of an earlier notice, the Committee issued a formal call for written submissions on 3 October 2025. Stakeholders and interested parties have until 24 October 2025 to submit their input to the NCOP.

What this means for you, your business, or your clients

  • For yourself: No direct individual obligations; impact is channelled through professional advisory roles regarding administrative law and detention procedures.
  • For your business: Legal firms and compliance practices must update their internal guidance on section 34(1) procedures to reflect the upcoming mandatory 48-hour judicial review requirement.
  • For your clients: Clients involved in immigration disputes or those employing foreign nationals should be advised that the 24 October 2025 deadline is the final opportunity to influence the criteria used by officials when deciding on detentions.

Originally published at https://legalacademy.co.za/news/read/immigration-amendment-bill-update

The views expressed herein are those of the author and do not necessarily reflect those of Acts Online. Acts Online accepts no responsibility for the accuracy, completeness or fairness of the article, nor does the information contained herein constitute advice, legal or otherwise.