Parliament, Wednesday, 26 November 2025 – The Select Committee on Security and Justice today adopted its report on the Immigration Amendment Bill.
The Bill seeks to address two Constitutional Court judgments by amending section 34(1) of the Immigration Act, to ensure that any illegal foreigner detained under this section is brought before a court in person, within 48 hours of detention, in order for the court to determine whether it is in the interests of justice to order further detention, for purposes of deportation.
In its report the committee says the Bill introduces the interests of justice criterion, which serves as guidance within which immigration officers and the courts may exercise detention powers.
The committee Chairperson, Ms Jane Mananiso, remarked that the adoption marks a significant milestone in adhering to Constitutional Court judgments and providing a fair process to illegal foreigners in their arrest and detention, taking the interest of justice into consideration
The committee also received a briefing from the Department of Justice and Constitutional Development on the state of courts infrastructure and the remuneration and safety of magistrates.
The committee raised concerns about the state of court buildings across the country, with several members mentioning examples of dilapidated courts in their constituencies. Not only do these dilapidated buildings affect the safety of court staff, but they are also not conducive for magistrates to effectively perform their duties of administering justice.
Responding to the committee members’ concerns, the Deputy Minister of Justice and Constitutional Development, Mr Andries Nel, said the department is not responsible for court buildings. “The court buildings are owned or leased by the Department of Public Works and Infrastructure; there will be audit queries if we spend on funding buildings that don’t belong to us,” he said.
However, the department continues to improve and upgrade courts to a habitable state through the minor capital works programme. He said the maintenance is intended to restore an item to an acceptable condition by reconfiguration, additions, renewal, replacement or mending of damaged parts, back-up power and water supply.
On the safety and security of magistrates, the committee said it was unacceptable that out of 39 magistrates who reported threats, only 12 are receiving protection. The committee added that the safety of magistrates must not depend on available budget but on risk assessments.
According to the department, common threats against magistrates include pre-meditated assassinations, violent attacks, kidnapping, anonymous calls or messages, loitering in courts with intent to harm, stalking, death threats, disruption of court proceedings and physical assault.
The committee has given the department 14 working days to submit a detailed report on the state of court buildings and ICT infrastructure.
Ms Mananiso said: “We need a detailed report on the state of court facilities with specific details on who owns the buildings. The department must also submit a report on the state of ICT facilities in our courts across the country, in every province, district and region, as you know the NCOP focus on the interests of provinces.”
On the remuneration of magistrates, committee members said it was discouraging for magistrates when they earned less than some public prosecutors employed by the National Prosecutions Authority. On this matter, the department again said it was not responsible for the remuneration of magistrate.
The Deputy Minister outlined that the remuneration of magistrates is determined by the President after considering recommendations of the Independent Remuneration Commission that are approved by Parliament.
The department also reported that a process to implement a single judiciary and a judiciary-led court administration model is under way, where all courts will be under the Office of Chief Justice. Currently, the Department of Justice and Constitutional Development provides administrative support to regional and district court magistrates.
ISSUED BY THE PARLIAMENTARY COMMUNICATION SERVICES ON BEHALF OF THE CHAIRPERSON OF THE SELECT COMMITTEE ON SECURITY AND JUSTICE, MS JANE MANANISO.
For media inquiries or interviews with the Chairperson, please contact the committee’s Media Officer:
Name: Sakhile Mokoena (Mr)
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