Pretoria—The Department of Home Affairs (DHA) has failed to comply with a court order to release blocked identity documents, leaving approximately 700,000 South Africans without valid identification. This non-compliance follows a Pretoria High Court ruling that declared the blocking of IDs without a fair administrative process invalid.
The court’s decision mandated the DHA to follow the Promotion of Administrative Justice Act (PAJA), requiring the department to inform individuals of any decisions affecting their IDs. Despite the ruling, many South Africans remained unaware their IDs were blocked until they needed them for essential purposes such as banking and renewing driver’s licenses.
Thandeka Chauke, head of the Statelessness Unit at Lawyers for Human Rights, criticized the DHA’s inaction. “The department had 90 days to comply with the court order, which lapsed last Monday. We have received no communication from the state attorney regarding their non-compliance,” Chauke told Newzroom Afrika.
The ID blockages have caused widespread disruptions, preventing individuals from accessing banking services, renewing other essential documents, and leading to significant hardships. Many affected citizens only discovered their IDs were invalid during routine activities, unaware of the reasons behind the invalidation.
High Court Judge Elmarie van der Schyff acknowledged the DHA’s challenges with fraudulent IDs and identity theft. South Africa, a favored destination for migrants, grapples with irregular migration and identity theft, prompting the DHA to block IDs suspected of being fraudulently processed. However, this preemptive action often prejudiced legitimate citizens and residents.
Lawyers for Human Rights welcomed the court’s judgment, which promises relief for many affected South Africans. “We are happy to see an end to this unjust practice and hope this judgment will begin to restore dignity to those who have suffered,” Chauke added.
The blocked IDs have caused significant hardships, extending beyond the individuals affected to strain their families. Some blocked IDs date back to the early 2000s, exacerbating the difficulties. Parents with blocked IDs struggle to provide for their families and face challenges registering their children, who then inherit documentation issues.
