Immigration and Transport Amendment Bills Passed by Parliament
Brought to you by SA Legal Academy: The National Council of Provinces (NCOP) has passed the ‘B’ version of the Immigration Amendment Bill [B8-2024] and the Economic Regulation of Transport Amendment Bill [B1-2024], following their referral to the President for signature.
Immigration Amendment Bill
The Immigration Amendment Bill [B8-2024] seeks to amend the Immigration Act, No. 13 of 2002. The primary objective is to give legislative effect to Constitutional Court judgments delivered on 29 June 2017 and 30 October 2023. These rulings concerned the detention of illegal foreigners under Section 34(1) of the principal statute.
The amendments introduce necessary safeguards for persons detained for the purpose of deportation, ensuring that such detentions are subject to judicial oversight and comply with constitutional standards regarding the right to freedom and security of the person.
Economic Regulation of Transport Amendment Bill
The Economic Regulation of Transport Amendment Bill [B1-2024] addresses technical discrepancies in the Economic Regulation of Transport Act, No. 6 of 2024. Although the principal Act was signed into law in June 2024, it has not yet been operationalised by the President.
The amendment focuses on the following:
- Correcting date-specific errors found in the schedules to the principal statute.
- Ensuring the legislative framework is technically sound before the Act is formally brought into operation.
- Aligning transitional provisions to ensure a seamless shift to the new regulatory economic framework for transport.
Click here to view the Immigration Amendment Bill [B8B-2024] on the Parliament of South Africa website.
What this means for you, your business, or your clients
- For yourself: No direct individual obligations; impact is channelled through firm-level compliance and legal advisory roles.
- For your business: Legal practices and compliance departments must update internal SOPs regarding the detention of illegal foreigners to reflect the mandatory judicial oversight now codified in the Immigration Act, No. 13 of 2002.
- For your clients: Clients in the logistics and transport sectors should prepare for the imminent operationalisation of the Economic Regulation of Transport Act, No. 6 of 2024, as these technical amendments remove the final legislative hurdles to its commencement.
Originally published at https://legalacademy.co.za/news/read/immigration-and-transport-economic-regulator-amendment-bills-leave-parliament






