LEGISLATION: IMMIGRATION, WATER AGENCY BILLS SIGNED INTO LAW

Two more Acts have joined the statute books, the Bills concerned having been signed into law.

Not yet in force, once operationalised the 2025 Immigration Amendment Act will give effect to Constitutional Court judgments delivered on 29 June 2017 and 30 October 2023 in terms of which the principal statute must be amended to ensure that any illegal foreigner detained under section 34(1):

  • ‘is brought before a court in person, within 48 hours from the time of his or her arrest’, enabling
  • ‘the court to determine whether it is in the interests of justice to order further detention, for purposes of deportation’.

Information on changes made to the original Bill during its passage through Parliament can be found in the SA Legal Academy report to which a link is provided below.

Immediately effective, the 2026 South African National Water Resources Infrastructure Agency SOC Ltd Amendment Act corrects a technical error in the principal statute, which was operationalised in February 2025. As SA Legal Academy regularly reported during the development of the Bill concerned and its passage through Parliament, the new piece of legislation provides for:

  • the agency’s listing as a major public entity in Schedule 2 to the 1999 Public Finance Management Act, and
  • the delisting of the Trans-Caledon Tunnel Authority from the same schedule.

Please click the links below for more information:

  • 2025 Immigration Amendment Act
  • 2026 South African National Water Resources Infrastructure Agency SOC Ltd Amendment Act
  • SA Legal Academy report on Immigration Amendment Bill

Published by SA Legal Academy Policy Watch

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