The Department of Home Affairs (DHA) has failed to comply with a court order to release blocked identity documents, leaving as many as 700,000 South Africans without valid documentation.
This comes after the Pretoria High Court ruled that blocking identity documents was conducted without a fair administrative process and is invalid.
The judgement instructed that the DHA must abide by the Promotion of Administrative Justice Act (Paja), which includes informing individuals when it makes such a decision.
South Africa’s DHA left the holders of blocked IDs in the dark, which gave them a nasty shock when they were required to produce them for various purposes.
Speaking to Newzroom Afrika, Thandeka Chauke, head of the Statelessness Unit at Lawyers for Human Rights, said the DHA had 90 days to comply with the court order.
“We have not heard any from their legal representative, which is the state attorney, as to why the department has not complied,” said Chauke. “Those 90 days lapsed last week on Monday.”
She reiterated that the court instructed the DHA to inform affected individuals of the reasoning behind the invalidation of their IDs.
“What the Paja act requires of them is to inform people of a decision that has been made against them, especially decisions that have an adverse effect on the person,” said Chauke.
The challenges faced by South Africans without valid IDs are far-reaching. They are prevented from many aspects of banking and from renewing other essential documents, among other things.
Chauke said that affected Lawyers for Human Rights clients were unaware that their IDs were invalid until they walked into a bank, for example.
“With blocking IDs, we’d find that many of our clients would have walked into the bank, would have tried to renew their driver’s licence and passport, and then find out that their ID has been invalidated,” she said.
Chauke added that these individuals weren’t given reasons why the DHA blocked their documents. “So you’d have to do all the investigations from yourself to figure out why the ID has been blocked,” she added.
“Then, trying to get assistance from the department has proven very difficult for our clients. Some of the oldest cases date back to the early 2000s.”
The challenges such individuals face extend beyond them and put a significant strain on their families.
“Those who are parents have been put out of a job and have no means to look after their families,” said Chauke.
These parents will likely also struggle to register their children, who end up inheriting the issues with documentation.
Home Affairs blocked IDs on a whim
In her judgement, High Court Judge Elmarie van der Schyff acknowledged the challenges faced by the DHA regarding fraudulent IDs for non-South African citizens.
She explained that South Africa is a preferred destination for various migrants, providing the challenges of irregular migration and identity theft.
“This abuse of process allows for illegal foreigners to access benefits reserved for South African citizens and permanent residents,” said Van der Schyff.
To address these issues, the DHA implemented ID-blocking to invalidate suspiciously processed identity numbers. Van der Schyff said this was done before or during the DHA’s investigation of these incidents.
“Because the ID blocking underpinning this litigation occurred before any investigation was concluded and a final decision was reached regarding a person’s status as a citizen or permanent resident, it prejudiced bona fide citizens and permanent residents,” she said.
Lawyers for Human Rights welcomed the judgement, saying it would bring relief to many South African citizens and permanent residents.
“We are happy that we will see an end to this unjust practice, and we hope that this judgement will be the first steps in restoring dignity to the thousands of people who have suffered,” added Chauke.
