Speaker,
The African Christian Democratic Party welcomes the Portfolio Committee’s Report on the Immigration Amendment Bill tabled on the 22nd of July, 2025. Yet, we remain vigilant in our scrutiny of its constitutional, ethical and practical implications.
This bill seeks to rectify long-standing constitutional defects in section 34 of the Immigration Act of 2002 as declared by the Constitutional Court in Lawyers for Human Rights vs the Minister of Home Affairs and others.
The Court found that the absence of automatic judicial oversight and personal appearance before a Magistrate for detained foreign nationals violated section 12(1) and section 34(2)(d) of the Constitution.
The proposed amendments now mandate court appearance within 48 hours, a necessary safeguard against arbitrary detention. However, public hearings revealed deep concern over implementation capacity. The South African Human Rights Commission warned that the justice system may lack the infrastructure to uphold these timelines, risking further rights violations.
The ACDP calls for independent oversight of detention centres, guaranteed legal representation for all detainees, special protections for miners, asylum seekers and stateless persons, a clear framework for the interest of justice test to prevent subjective or pre-judicial detention decisions.
We affirm the need for humane, constitutionally-sound immigration policy — one that balances national security with the dignity of every person in the country. Let this bill not be a procedural fix alone, but a moral recalibration of our immigration ethos.
Speaker, yesterday, I received a WhatsApp message that reads as follows:
“What happened in Pretoria today will break your heart. A foreign pregnant lady, in labour and crying for help, was denied entry at the clinic gate by Dudula members. They told her she doesn’t belong here. Instead of being helped, she was chased away.
In her pain she collapsed on the pavement outside. She screamed, she cried, begging for mercy, but still no one opened the doors. Instead of helping, many people stood around her, taking out phones. Some recorded videos while she was lying there fighting for her life and her baby’s life. Others were even laughing, pointing fingers, calling her “le kwerekwere” as if she was not a human being …
No woman deserves to suffer like that. No newborn deserves to be welcomed by laughter and hate instead of love and care.”
The message ends by saying: “South Africa, when did we lose our humanity?”
When, indeed, Speaker. The ACDP appeals to all South Africans to be more compassionate to people in need and to try and assist wherever possible.
