ActionSA has formally submitted a series of proposed constitutional amendments to Parliament, aiming to overhaul what it describes as South Africa’s “broken immigration regime.” The party argues that these changes are necessary to address a crisis of illegal immigration that is placing an unsustainable burden on the country’s limited public resources and compromising the rights of its citizens.
At the core of ActionSA’s proposal is a call to amend the Constitution’s preamble, specifically the phrase “South Africa belongs to all who live in it.” According to ActionSA Parliamentary Leader Athol Trollip, this text has been persistently misinterpreted to extend constitutional protections to individuals residing in the country illegally. The party contends this misreading has diverted scarce resources from South African citizens, effectively pushing them to “the back of the queue” for essential services. A “carefully considered revision” is needed to reaffirm the original intent of the clause while preserving the Constitution’s inclusive spirit.
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Limiting Access to Social Rights
ActionSA is also targeting Chapter 2 of the Constitution, the Bill of Rights, with specific amendments proposed for sections concerning housing, healthcare, and education. The party seeks to introduce a “lawful presence requirement” for accessing these rights.
For instance, the proposed change to Section 26 would limit the state’s obligation to provide Temporary Emergency Accommodation to South African citizens and lawfully present persons only. ActionSA states this would prevent municipalities from being compelled to use their scarce housing resources for undocumented individuals. Similar amendments are proposed for Section 27 (healthcare) and Section 29 (education), which the party claims are being compromised by misuse.
ActionSA highlights examples such as Johannesburg clinics where a high percentage of patient files reportedly belong to foreign nationals and schools struggling with placement demands due to court-ordered enrolments of undocumented children.
The party believes these constitutional revisions are essential to manage the socio-economic impact of illegal immigration and strike a balance between upholding humanitarian principles and protecting the wellbeing of South Africans.
Furthermore, ActionSA has voiced its support for the newly launched Border Management and Immigration Anti-Corruption Forum. The party stressed that deep-rooted corruption within the Department of Home Affairs has enabled criminals to acquire fraudulent residency and citizenship, undermining the entire immigration system. ActionSA is calling for systemic reforms, including a fully resourced Border Management Authority, a dedicated Chapter 9 anti-corruption body, and specialised courts to tackle corruption and restore the integrity of the country’s borders.
Image: Protesters picketed against xenophobic comments reportedly made by Herman Mashaba, as Johannesburg mayor, in 2016. Credit: Ihsaan Haffejee
