South Africa’s opposition ActionSA has tabled a series of proposed constitutional amendments aimed at curbing what it calls the misuse of key constitutional provisions that have contributed to the country’s ongoing immigration crisis.
The proposals, outlined by ActionSA’s parliamentary leader Athol Trollip, contend that parts of the country’s constitution are being exploited to extend public services – such as housing, healthcare and education – to individuals residing illegally in the country.
In a statement on Tuesday, Trollip argued that the phrase “South Africa belongs to all who live in it,” contained in the constitution’s Preamble, has been misinterpreted to grant undocumented migrants access to essential services.
“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,” he said.
According to Trollip, this misreading has placed undue pressure on the country’s limited resources, compromising state obligations toward genuine residents.
The proposals call for amending Section 26 of the Constitution to clarify that the obligation to provide Temporary Emergency Accommodation (TEA) applies only to South African citizens and persons lawfully present in the country.
Trollip noted that the current universal interpretation has forced municipalities to divert scarce housing resources to illegal immigrants, a move he says undermines national efforts to progressively realise the housing rights of citizens.
Similar revisions are proposed for Sections 27 and 29, concerning the rights to healthcare and education.
He cited examples of clinics and schools reaching capacity due to undocumented migrants, further straining public services.
ActionSA’s amendments are intended to guide Parliament’s Joint Constitutional Review Committee, with Trollip noting that while the structural aims of the constitution remain intact, there is an urgent need to close interpretative loopholes that contribute to resource misallocation.
He added that the reforms seek to balance the protection of South Africans’ rights while upholding the humanitarian principles embedded in the constitution.
South Africa’s immigration crisis, driven by high numbers of undocumented migrants from other African countries overburdening critical public sectors, has sparked extensive debate – especially ahead of elections.
South Africa is due to hold local government elections in 2026 and the proposed constitutional amendments by ActionSA could be the start of similar actions by other opposition parties.
JN/APA