ATC160317: Report of the Portfolio Committee on Home Affairs on the introduction of the Immigration Amendment Bill [B5 – 2016], dated 15 March 2016

Home Affairs

Report of the Portfolio Committee on Home Affairs on the introduction of the Immigration Amendment Bill [B5 – 2016], dated 15 March 2016.

1. The Portfolio Committee on Home Affairs (“the Committee”) resolved to initiate the Immigration Amendment Bill [B5 - 2016] (“the draft Bill”), that seeks to amend the Immigration Act, 2002 (Act No. 13 of 2002) (“the Act”). The purpose of the draft Bill is to amend section 32 of the Act, as amended by section 33 of Act 19 of 2004, so as to provide for an adequate sanction for foreign nationals who have overstayed in the Republic beyond the expiry date on their visa; and to provide for matters connected therewith.


2. The Committee complied with National Assembly Rule 238(1) by tabling a memorandum in the National Assembly on 18 November 2015 in order to obtain permission to proceed with the legislative proposal.


3. The Committee was granted permission by the House to proceed with the legislative proposal to amend the Act. (See National Assembly House Minutes No. 56-2015, dated 25 November 2015, page 5881).


4. Prior notice of the introduction of the Bill, together with an explanatory summary of the draft Bill as well as the draft Bill, was published in the Government Gazette No. 39501, dated 11 December 2015. The notice also contained an invitation to interested persons and institutions to submit written representations on the draft Bill by 20 January 2016. The same invitation was also published in City Press and Mail & Guardian in English, Ipondo in IsiXhosa and Free State News in Sesotho. The Committee also consulted the Joint Tagging Mechanism (JTM) in terms of NA Rule 239(1)(b) for advice on the classification of the draft Bill.

5. The Committee received 12 submissions in total from the following institutions and individuals: the Forum for Immigration Practitioners South Africa (FIPSA), the Commission for Gender Equality (CGE), The Banking Association of South Africa, Agri SA, Imminent Travel and Immigration, HE Enables Engineering and Projects Pty Ltd, Eben Spannenberg, Mongeze Bomela, SA Migration International, Edinah Lidonde, Relocation Online and the Law Society of South Africa. These submissions were considered and deliberated upon by the Committee on 16 February 2016. The Department of Home Affairs responded to the submissions on the same date. After consideration of the submissions and the responses, it was agreed that the Committee would further deliberate after members had consulted with their caucuses.


6. The Committee deliberated on 8 March 2016 and 15 March 2016. The draft Bill was adopted on 15 March 2016.


7. The Committee, in accordance with National Assembly Rule 243, introduces the Immigration Amendment Bill [B5 - 2016] (National Assembly - section 75).


8.  The Democratic Alliance (DA) abstained and Economic Freedom Fighters (EFF) did not support the introduction of the Bill. 


Report to be considered.









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