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ActionSA Proposes Constitutional Changes to Restrict Undocumented Immigrants’ Access to Basic Rights

Neelam Rahim | neelam@radioislam.co.za
3-minute read
07 June 2025 | 16:20 CAT

ActionSA’s Athol Trollip calls for constitutional changes to prioritise South African citizens in access to housing, healthcare, and education, amid growing debate over undocumented immigration and state resources.

ActionSA has submitted a proposal to amend South Africa’s Constitution to limit undocumented foreign nationals’ access to basic rights, including housing, healthcare, and education. The move, led by party Member of Parliament Athol Trollip, has sparked national debate on how best to manage immigration and access to public services.

In an interview with Radio Islam International, Trollip stated that while several laws address illegal immigration and a Border Management Agency exists, these mechanisms are not working effectively.

“Our borders are so porous that people come across our borders on a daily basis,” he said, estimating “anywhere between five and ten million plus illegal immigrants in this country.”

Trollip emphasised that ActionSA’s proposals are not aimed at legal immigrants but specifically target undocumented individuals. He argued that the South African Constitution’s post-apartheid intentions may need revisiting.

“The noble intentions of our preamble were indeed very noble post-apartheid. But it meant South Africans. It didn’t mean, you know, 10 million undocumented illegal immigrants,” he said.

The party is requesting that Parliament consider changes to the Constitution’s preamble and sections 26, 27, and 29 of the Bill of Rights, which relate to access to housing, healthcare, and education. Trollip cited resource strain, particularly in Gauteng, where he claims that undocumented migrants make up a significant portion of patients in public hospitals.

“In Gauteng, we have documentation that says up to 70 percent of the people accessing health care… are illegal foreigners,” he said.

He also referred to a recent Constitutional Court ruling affirming the right of all children, regardless of legal status, to attend school. A decision he believes needs to be re-evaluated in light of local capacity constraints.

“You can’t have school desks occupied by the children of illegal immigrants, while South Africans cannot get access to education,” he said.

Trollip insisted the proposal is not about denying help outright, but about establishing a hierarchy of access.

“We’re not saying that we will turn a blind eye to somebody suffering, but it must be prioritised. You can’t have illegal immigrants at the front of the queue.”

When asked about concerns that the amendment could fuel xenophobic sentiment, Trollip responded:

“That’s their problem. We are unashamedly South African, pro-South Africans. We support legal immigration, but we’re totally against illegal immigration.”

It remains to be seen whether the proposal will gain traction in Parliament. Trollip believes there is growing political support for tighter immigration control across party lines.

“I think you’ll be surprised that we will get quite considerable support for this.”

The proposal enters public discourse at a time when South Africa faces significant socio-economic pressures. While ActionSA’s intentions are clear, the broader implications of amending foundational constitutional rights will likely remain a topic of national concern and legal scrutiny.

Listen to the full interview on Radio Islam International with Moulana Habib Bobat and Athol Trollip.

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