For thousands of Basotho living and working in South Africa, the recent passage of the Immigration Amendment Bill B8-2024 has added a new layer of uncertainty to their lives. While the bill aims to align immigration practices with constitutional standards, many migrant workers see it as a reminder of their fragile position in a country where opportunities often come with vulnerability.
The amendment, which updates the 2002 Immigration Act, introduces mandatory judicial oversight of detention within 48 hours, an “interests of justice” test for detention, protections for vulnerable groups such as children, and streamlined deportation procedures. On paper, these changes are designed to safeguard human rights. However, for many Basotho migrants—many without full documentation or work permits—the reality is far more complex.
One major concern is the increased risk of detention and deportation. Although the law requires undocumented migrants to be brought before a court within 48 hours, enforcement remains uneven. Many migrants face prolonged detention in overcrowded or rural facilities where court processes are slow. For Basotho working in informal sectors, the threat of sudden arrest disrupts livelihoods and places their families back home at risk.
Legal employment also remains a challenge. Obtaining work permits is costly and bureaucratically difficult. Stricter enforcement may discourage employers from hiring foreign workers legally, pushing more migrants into informal jobs. Sectors such as domestic work, agriculture, and construction—where Basotho are heavily represented—may become more precarious, exposing workers to exploitation and abuse.
The bill may also heighten xenophobic tensions. South Africa’s history of anti-immigrant sentiment, combined with intensified documentation checks, risks increasing harassment in public spaces like hospitals, markets, and workplaces. Basotho migrants face ongoing threats to their physical safety and access to basic services.
Furthermore, stricter enforcement can push undocumented workers deeper into the informal economy, where labor protections are lacking and abuses go unchecked. The “interests of justice” clause, intended to ensure fair detention, is vaguely defined, risking excessive discretion by immigration officials. Without legal representation, many migrants struggle to contest their detention, increasing the risk of arbitrary confinement.
Addressing these challenges requires coordinated action. The Lesotho government should engage diplomatically to protect its citizens, negotiating safeguards and monitoring enforcement. Expanding legal aid programs can help migrants navigate complex immigration laws and defend their rights. Public awareness campaigns are needed to educate migrants and host communities about legal rights and combat xenophobia. Independent bodies must monitor detention and deportation to ensure lawful and transparent practices.
While the Immigration Amendment Bill B8-2024 is a step toward aligning South Africa’s immigration system with constitutional norms, it highlights the precarious situation of Basotho migrant workers. Without deliberate protections, the bill risks becoming a source of fear rather than justice. As South Africa tightens border controls and enforcement, the experiences of Basotho migrants illustrate how even well-intentioned policies can have severe human costs for those seeking opportunity far from home.
