Opposition parties have welcomed the passing of the Immigration Amendment Bill in the National Assembly last week, describing it as a step toward greater fairness and accountability in immigration processes.
The Bill introduces clear rules for detention, magistrate oversight, and child protection, ensuring that detained foreigners receive timely judicial review and legal safeguards.
Head of the Penal Reform Programme at Lawyers for Human Rights, Nabeelah Mia, said the amendments strengthen protections for those arrested due to their documentation status.
“So what it does is amend the Immigration Act to ensure that people who have been arrested because of their documentation status, or suspected of being undocumented, are immediately informed of the reason for their detention. They have the right to choose a legal practitioner and the right to be informed in a language they understand, as far as possible,” she explained.
However, Mia raised concerns about the clause “as far as practically possible,” noting the language barriers many foreign nationals face. “As you know, a lot of people who are not from South Africa might not speak English. What does that mean if someone speaks French, for example, and there’s no French translator available?” she asked.
She also emphasised that immigration officers and courts must carefully assess whether detention is necessary:
“Detaining someone is the most egregious form of depriving them of their liberty. We really do want that criterion interest of justice to be applied when it comes to immigration officers and magistrates.”
Listen to the interview below:
VOC News
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