In possession of a blocked identity document or card? Home Affairs gives affected parties an opportunity to avoid cancellation
At a glance
- On 16 August 2024 the Department of Home Affairs (DHA) published a notice in the Government Gazette of its intention to cancel the identity documents or cards of people whose identity numbers are blocked.
- The publication of the notice aims to help combat the decades-old issue of fraudulent identity documents being in circulation in South Africa and is also a means for the DHA to comply with the court order handed down in P.P.M and Others v Minister of Home Affairs and Others [2024] (5) BCLR 703 (GP).
- If your identification document or card have been wrongfully blocked, you are required to provide written reasons or representations to the Director-General by 16 September 2024 as to why your identity document or card should not be cancelled.
In issuing this notice, the Director-General provided the following reasons for his intended decision:
- “Identity documents or cards have been issued to persons whose names are not required in terms of section 5 of [the] Identification Act [68 of 1997] to be included in the population register;
- identity documents or cards do not correctly reflect the particulars of the persons to whom they were issued;
- identity documents or cards were fraudulently obtained in that false statements were made and false information were provided at the time of application for, and instance of, the identity documents or cards; or
- identity documents or cards were forged in that the identity documents or cards lawfully issued to other persons were stolen or unlawfully obtained or altered to either reflect the names or the facial image or photograph of the person whose particulars were not included in the population register.”
In addition to the above, other reasons why identity documents have previously been blocked (as far back as 2005) include an individual’s identity document being reflected as being an identity document of a deceased person, being flagged as a duplicate, or being held by an illegal immigrant.
Through this initiative, the DHA aims to reduce the number of fraudulent identity documents in circulation.
The publication of the notice is also a means for the DHA to comply with the court order handed down in P.P.M and Others v Minister of Home Affairs and Others [2024] (5) BCLR 703 (GP) which required the DHA to undertake a fair administrative process in differentiating between wrongfully blocked identity documents, and identity documents that present a security risk.
Considering the above, should your identification document or card have been wrongfully blocked, you are required to provide written reasons or representations to the Director-General within 30 days (from the date of the publishing of the Gazette i.e. by 16 September 2024) regarding why your identity document or card should not be cancelled.
The information and material published on this website is provided for general purposes only and does not constitute legal advice. We make every effort to ensure that the content is updated regularly and to offer the most current and accurate information. Please consult one of our lawyers on any specific legal problem or matter. We accept no responsibility for any loss or damage, whether direct or consequential, which may arise from reliance on the information contained in these pages. Please refer to our full terms and conditions. Copyright © 2024 Cliffe Dekker Hofmeyr. All rights reserved. For permission to reproduce an article or publication, please contact us cliffedekkerhofmeyr@cdhlegal.com.
Subscribe
We support our clients’ strategic and operational needs by offering innovative, integrated and high quality thought leadership. To stay up to date on the latest legal developments that may potentially impact your business, subscribe to our alerts, seminar and webinar invitations.
Subscribe
