Today's Labour News

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parliamentBL Premium reports that the Department of Home Affairs (DHA) has tabled the Immigration Amendment Bill to give effect to two Constitutional Court (ConCourt) judgments related to the rights of illegal foreigners.

One of the judgments dates back to 2017 and in the meantime the DHA – having failed to amend the principal act within the two years given by the court – has been implementing the remedies laid down in the judgment. A 2023 ConCourt judgment provided more relief to supplement the 2017 order. With parliament nearing the end of its term, there is no time for the bill to be processed before then, so it will have to be held over for the next parliament to deal with. The bill provides that arrested foreigners must be informed of their rights in a language they understand on arrest or immediately thereafter. These rights include the right to be notified in writing of the deportation decision, the right to appeal such a decision and the right to make representations to a court. The bill also introduces the interest of justice criterion to guide immigration officers and the courts in the exercise of their detention powers. A detained foreigner must be brought in person before a court within 48 hours of his or her arrest or not later than the first court day after the expiry of the 48 hours, if the 48 hours expired outside ordinary court days. The court must consider whether the detained foreigner can be released subject to reasonable conditions. The foreigner brought before a court must be given an opportunity to make representations to the court and such representations must be considered together with input by the immigration officer.

  • Read the full original of the report in the above regard by Linda Ensor at BusinessLive (subscriber access only)

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