Question NW189 to the Minister of Home Affairs
07 March 2024 - NW189
Roos, Mr AC to ask the Minister of Home Affairs
With reference to magistrates refusing to entertain enquiries pertaining to section 34 of the Immigration Act, Act 13 of 2002, which were lodged between 29 June 2019 and 30 October 2023, what total number of persons detained (a) as illegal foreigners were released and (b) for the purposes of deportation were held beyond 30 days without appearing before a magistrate?
Reply:
The non-application of section 34(1)(b) of the Immigration Act, 2002 in some magistrates’ courts in the country commenced in February 2022, and not on the lapse of the court order on 29 November 2019.
- The illegal immigrants who were not confirmed in court in terms of section 34(1)(b) were not released, but charged criminally as per the provisions of section 49(1) of the Immigration Act, 2002.
- No person whose illegal status in the country has been verified is detained beyond 48hrs without appearing before a magistrate. Should it be clear that the court appearance will not be possible, the person is released before the end of that period. Therefore, no illegal immigrant is detained for up to 30 days without ever Appearing before a magistrate.
END.