ActionSA has submitted a suite of proposed constitutional amendments aimed at overhauling key provisions that have been misused to fuel South Africa’s illegal immigration crisis, provisions that continue to enable the exploitation of our country’s hospitality and limited resources.
In recognition of the noble aims of our Constitution as a living document, our proposed amendments are intended to guide Parliament’s Joint Constitutional Review Committee with the understanding that its principled objectives must be preserved, while prioritising the protection of the rights of genuine residents and closing off interpretations that inadvertently enable abuse.
Amending the Preamble of the Constitution
Firstly, amending the Preamble of the Constitution, specifically the text “South Africa belongs to all who live in it”, is necessary to correct its persistent misinterpretation, which has been used to extend constitutional protections to those residing in the country illegally.
In practice, this deliberate misreading has placed undue pressure on limited public resources and compromised the government’s responsibility to prioritise the needs of South Africans. A carefully considered revision is required to reaffirm the original intent of this principle and prevent its continued misappropriation, without undermining the inclusive spirit of the Constitution.
Amending Chapter 2 of the Constitution: Bill of Rights
To amend Section 26 of the Constitution to remove the universal nature of the right to housing, by clarifying that the obligation to provide Temporary Emergency Accommodation (TEA) in instances of illegal land or property occupation is limited to South African citizens and persons lawfully present in the country.
ActionSA believes that such an amendment would clarify the scope of the state’s housing obligations by introducing a lawful presence requirement in relation to emergency housing support. The current universal application of Section 26 has led to unintended consequences, where municipalities are compelled to divert scarce housing and emergency accommodation resources to individuals who are neither citizens nor lawfully present in the country.
This places undue pressure on municipal resources and undermines the constitutional obligation to progressively realise the housing rights of South African citizens. The proposed amendment would reaffirm South Africa’s commitment to human rights while ensuring that the state’s limited housing resources are allocated lawfully and equitably.
Similarly, in recognition of the interconnected challenges stemming from South Africa’s severe resource pressures affecting the realisation of Section 27 (the right to access healthcare) and Section 29 (the right to education), it is clear that these rights are also being compromised through misappropriation and misuse.
From clinics in Johannesburg recording over 70% of patient files belonging to foreign nationals, to schools struggling to meet placement demands due to court-ordered enrollment of illegal immigrants, South Africa’s already limited resources are under severe strain. This has resulted in the diversion of essential services away from South African citizens, undermining their access to critical healthcare and education.
From this reality, ActionSA has submitted that constitutional amendments similar to those proposed for Section 26 must be urgently considered for Sections 27 and 29. These amendments should clarify and safeguard important rights against misapplication and abuse, particularly where individuals who have entered the country illegally seek to exploit them.
ActionSA believes that these revisions to our Constitution must acknowledge South Africa’s limited capacity to bear the socio-economic burden of illegal immigration and strike a practical balance between primarily protecting the rights and wellbeing of South Africans and upholding humanitarian principles.
ActionSA Submits Constitutional Amendments to Overhaul South Africa’s Broken Immigration Regime
ActionSA has submitted a suite of proposed constitutional amendments aimed at overhauling key provisions that have been misused to fuel South Africa’s illegal immigration crisis, provisions that continue to enable the exploitation of our country’s hospitality and limited resources.
In recognition of the noble aims of our Constitution as a living document, our proposed amendments are intended to guide Parliament’s Joint Constitutional Review Committee with the understanding that its principled objectives must be preserved, while prioritising the protection of the rights of genuine residents and closing off interpretations that inadvertently enable abuse.
Amending the Preamble of the Constitution
Firstly, amending the Preamble of the Constitution, specifically the text “South Africa belongs to all who live in it”, is necessary to correct its persistent misinterpretation, which has been used to extend constitutional protections to those residing in the country illegally.
In practice, this deliberate misreading has placed undue pressure on limited public resources and compromised the government’s responsibility to prioritise the needs of South Africans. A carefully considered revision is required to reaffirm the original intent of this principle and prevent its continued misappropriation, without undermining the inclusive spirit of the Constitution.
Amending Chapter 2 of the Constitution: Bill of Rights
To amend Section 26 of the Constitution to remove the universal nature of the right to housing, by clarifying that the obligation to provide Temporary Emergency Accommodation (TEA) in instances of illegal land or property occupation is limited to South African citizens and persons lawfully present in the country.
ActionSA believes that such an amendment would clarify the scope of the state’s housing obligations by introducing a lawful presence requirement in relation to emergency housing support. The current universal application of Section 26 has led to unintended consequences, where municipalities are compelled to divert scarce housing and emergency accommodation resources to individuals who are neither citizens nor lawfully present in the country.
This places undue pressure on municipal resources and undermines the constitutional obligation to progressively realise the housing rights of South African citizens. The proposed amendment would reaffirm South Africa’s commitment to human rights while ensuring that the state’s limited housing resources are allocated lawfully and equitably.
Similarly, in recognition of the interconnected challenges stemming from South Africa’s severe resource pressures affecting the realisation of Section 27 (the right to access healthcare) and Section 29 (the right to education), it is clear that these rights are also being compromised through misappropriation and misuse.
From clinics in Johannesburg recording over 70% of patient files belonging to foreign nationals, to schools struggling to meet placement demands due to court-ordered enrollment of illegal immigrants, South Africa’s already limited resources are under severe strain. This has resulted in the diversion of essential services away from South African citizens, undermining their access to critical healthcare and education.
From this reality, ActionSA has submitted that constitutional amendments similar to those proposed for Section 26 must be urgently considered for Sections 27 and 29. These amendments should clarify and safeguard important rights against misapplication and abuse, particularly where individuals who have entered the country illegally seek to exploit them.
ActionSA believes that these revisions to our Constitution must acknowledge South Africa’s limited capacity to bear the socio-economic burden of illegal immigration and strike a practical balance between primarily protecting the rights and wellbeing of South Africans and upholding humanitarian principles.