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.