Summary:
The Immigration Amendment Bill [B8-2024], introduced in South Africa's National Assembly, proposes revisions to the Immigration Act of 2002 to align with constitutional standards concerning the detention and rights of illegal foreigners pending deportation. Prompted by Constitutional Court rulings, the bill addresses the need for judicial oversight in immigration detentions. It mandates that detained foreigners appear before a court within 48 hours of arrest, allowing the court to determine the necessity of continued detention based on the "interests of justice."
It also provides detainees the right to make representations, introduces guidance for immigration officers, and integrates procedural amendments to enhance detainees' rights to legal recourse and representation. These changes follow the court’s directive for more humane, constitutionally compliant immigration management.
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