Former public protector Thuli Madonsela suggested the Portfolio Committee on Home Affairs should amend the Immigration Amendment Bill to make provision for assistance for those who could not afford lawyers. (Gallo Images/Sharon Seretlo) The Portfolio Committee on Home Affairs are working on the Constitutional Court-ordered Immigration Amendment Bill. `Everyone deserves justice, no matter who they are,` Thuli Madonsela told the committee as it listened to public submissions on Tuesday. The bill should provide for the detention of `any illegal foreigner` under the Immigration Act. Everyone deserves justice, no matter who they are, former public protector Thuli Madonsela reminded the Portfolio Committee on Home Affairs as it works on the Immigration Amendment Bill. The bill aims to ensure `any illegal foreigner` detained under the Immigration Act is brought before a court in person within 48 hours from the time of his or her arrest for the court to determine whether it is in the interests of justice to order further detention for purposes of deportation. This legislation is the result of two Constitutional Court rulings, the first dating back to 2017, and the second 2023, which found sections of the Immigration Act unconstitutional. The bill was introduced to Parliament last year, and the committee subsequently put it up for public comment. It received 378 submissions on the bill, of which 246, according to the committee`s content advisor, supported the bill, 120 submissions expressed mixed views on the bill, only supporting parts of the bill, and only 12 submissions opposed the bill in its entirety. On Tuesday, the committee listened to oral submissions from some of the entities that made submissions, including Stellenbosch University`s Centre for Social Justice, chaired by Madonsela .She welcomed the `initiative of the Department of Home Affairs to finally comply` with the Constitutional Court`s rulings, adding she believed the department responded correctly to the judgment, after the Immigration Act was `found wanting because it unfairly discriminated between citizens and foreigners in terms of access to justice`.` We believe that social justice is concerned with embracing the humanity of all through the enjoyment of all rights and freedoms, reflected in just equitable and fair distribution of all opportunities, resources, benefits, privileges and burdens in a society. Madonsela added: At the core of social justice is embracing the humanity of every person, so that nobody finds it harder than others to exist in society and nobody should bear more burdens than others. She said authority for this came from Constitutional Court rulings, which said social justice was a principle of ubuntu. Madonsela added the bill did not regulate foreigners, it regulated suspected foreigners, and suggested the committee should amend the bill to make provision for assistance for those who could not afford lawyers. Everyone deserves justice, no matter who they are,` she said. The committee also heard from the SA Human Rights Commission, whose commissioner, Aseza Gungubele, warned 19 working days for public comment might lead to the exclusion of vulnerable groups impacted by the bill. The commission also recommended the department `takes all reasonable steps in future to adhere to court judgments within time frames as this delay impacts on the foundation of democracy`. NGO Lawyers for Human Rights, which brought the cases to the Constitutional Court, which led to the amendment, expressed concern about the proposed amendment`s use of `interests of justice` for migrant detention .It said while `interests of justice` was flexible, it required precise definition and guidelines. The Constitutional Court has stressed the need for clear legislative guidance on discretionary powers, especially detention,` read its presentation The bill lacks this guidance, risking arbitrary detention and infringing constitutional rights.`