Home Affairs to amend Immigration Act after ‘scathing’ ConCourt judgment

Delays in completing new pieces of legislation were a subject of much concern from Parliament on Thursday after harsh criticism by the courts.

Last month, Parliament came under fire from the Constitutional Court (ConCourt) following a legal battle between the Department of Home Affairs and Lawyers for Human Rights (LHR).

ConCourt judgment

The ConCourt heavily criticised the national legislature, Home Affairs Minister Aaron Motsoaledi, and his department’s director-general Livhuwani Makhode for failing to amend the Immigration Act for the past six years.

Certain sections of the Immigration Act were declared unconstitutional by the ConCourt in 2017, with Parliament being given two years to fix the law.

The legislature, however, failed to meet the June 2019 deadline, and even to date, has yet to remedy the constitutional defects.

ALSO READ: ‘Not even a hint of an apology’: Motsoaledi ordered to pay costs of ‘shambolic’ immigration case

Motsoaledi and Makhode, in their ex parte application before the ConCourt, blamed the 2019 general elections, the Covid-19 pandemic in 2020, and the January 2022 fire that gutted parts of Parliament for its delay in amending the law.

The ConCourt rejected these arguments, slamming Parliament and the department for their “abysmal failure to take steps to approach this court for an extension”.

Its judgement stated that it was “disconcerting” that lawmakers were more concern about campaigning for re-election than “meeting the deadline for the enactment of remedial legislation”.

The apex court, therefore, gave Parliament 12 months to make the necessary amendments to the Immigration Act.

‘Bill almost ready for introduction’

During the National Assembly’s Programming Committee meeting on Thursday, parliamentary legal advisor, Charmaine Van Der Merwe told MPs Home Affairs would introduce an executive bill to amend the act.

“The department did brief the Portfolio Committee on Home Affairs on 24 October and indicated that the bill is almost ready for introduction…. it will be very similar to the bill the committee developed, so there is progress on that,” she said.

Van Der Merwe reminded MPs the ConCourt’s latest suspension period will lapse in October 2024, but noted the court order would continue beyond the date if Parliament failed to amend the law.

RELATED: ‘One of ANC’s biggest scams’: Parliament passes controversial NHI bill

“There’s not a concern on this, it seems that it is progressing well and that it should be finalised in time,” the advocate added.

African Christian Democratic Party (ACDP) MP Steven Swart said the issue of tabling new legislation late was of concern.

“Unfortunately, we each need to read the judgment of the Home Affairs,” he said.

“There’s criticism of Parliament. I just raise this as a concern… about the delays particularly in the run up to next year. We can’t be found wanting in this regard given that the orders are given against Parliament. This is a really scathing judgment,” Swart added.

Watch the meeting below:

‘Law making is a long process’

Democratic Alliance (DA) chief whip Siviwe Gwarube expressed concern about new bills being introduced ahead of the dissolution of Parliament before the elections.

“Lawmaking is a long process and we need to give due diligence to that process,” Gwarube said.

Parliament’s chairperson of committees Cedric Frolick shared her concerns.

“This is not a new matter. It happens every time before we go to a new election. I think there’s a misalignment regarding the urgency of the matters that must be dealt with between the departments and Parliament because we find that just on the eve of an election or on the eve of a Constitutional Court deadline expiring the departments dumping the legislation into Parliament and then claiming they have done what they were supposed to do and it’s now in the hands of Parliament,” he said.

Secretary to the National Assembly, Masibulele Xaso informed MPs that bills not processed in time can be revived by the new Parliament after the elections.

“The executive must indicate what is the priority before the next elections,” Xaso said.

NOW READ: ‘School capture’: Court challenge looms as National Assembly passes controversial Bela Bill