Home Affairs Committee Makes Decisions on Interest of Justice Criterion and Other Matters Contained in Immigration Amendment Bill

The Portfolio Committee on Home Affairs yesterday made concrete decisions on various contentious issues within the Immigration Amendment Bill, including the acceptable location to codify the interest of justice criterion of the Bill. This brings the Bill closer to completion to bring it in line with Constitutional Court judgements.

The committee has resolved that the interest of justice criterion that guides immigration officials in making detention decisions for undocumented immigrants will now be codified in the Bill’s regulations. Despite various views on the matter, the decision was premised on the view that the department’s standard operating procedure are inaccessible to the public and can be amended without stakeholder interaction. Also, the committee was of the view that codifying it in the regulations would enable oversight accountability by Parliament.

Meanwhile, the committee has resolved that the Bill directly and adequately addresses the unconstitutional provisions identified by the Constitutional Court and, at this juncture, will be ideal to remedy those defects. As a result, the committee has decided that some of the recommendations identified by the stakeholders during the public participation process, including the protection of the rights of immigrant children, should be deferred to the ongoing process to review of the White Paper on Citizenship, Immigration and Refugee Protection.

“The committee reiterates its view that the White Paper is even more urgent now to ensure policy certainty on immigration issues, hence its call for the department to expedite its processing. To avoid a piecemeal approach to legislation development, the White Paper should provide a clear framework of the migration system in the country.

As a result of the committee’s decision, which consequently requires the amendment of Section 7 of the principal Act and is not in the Bill, the committee will write to the National Assembly in line with NA Rules 286 (4)(c) to seek permission to amend a section of the principal Act that is not in the Bill.

The Parliamentary Legal Unit, together with the Office of the State Law Advisor, have been mandated to draft the A list of the Bill reflective of the committee’s resolutions. The A list will be considered in the scheduled meeting on 10 June 2025. The committee remains committed to concluding the process and ensuring the closure of gaps identified by the Constitutional Court judgement.

Distributed by APO Group on behalf of Republic of South Africa: The Parliament.