Concerns mount over 'unconstitutional' border bill

The Constitutional Court has repeatedly held that non-South African are protected by the Bill of Rights when in the country. 

But this could change if the National Council of Provinces (NCOP) moves to adopt the bill and President Cyril Ramaphosa signs it into law. 

The National Assembly recently passed the controversial Border Management Authority Bill despite an outcry by experts over the impact of the legislation on vulnerable asylum seekers.

The Department of Home Affairs plans to perform the tasks of at least 18 other governmental departments at the country’s borders.

It will take over the South African Revenue Services’ role in collecting border revenue, the South African National Defence Force’s protection of borders and the police’s right to imprison transgressors.

“It is in essence going to create ‘asylum seeking centres’ that are going to be positioned close to airports and borders. In a sense, it is going to severely limit the freedom of movement as well as the dignity of individuals that are going to be seeking asylum in South Africa,” says constitutional law expert Phephelaphi Dube.

According to Dube the bill is clearly inconsistent, not only with the country’s laws, but also the values by the African Union and United Nations.

“Do our Parliamentarians know what the Constitution provides? Do they even know what various laws are in place because if they had this prior knowledge, I’m not sure that this bill would go through the parliamentary processes.”

She believes the bill will inevitably be challenged in a court of law.

Border Management Authority Bill