Home Affairs Still Blocking 700,000 IDs in South Africa – Check the List and Latest Updates

A landmark ruling by the Gauteng High Court in Pretoria has brought renewed hope to hundreds of thousands of South Africans. The court recently declared the Department of Home Affairs’ (DHA) practice of blocking identification documents unconstitutional. This ruling could have life-changing implications for those impacted, as more than 700,000 people still find themselves stuck in bureaucratic limbo, unable to access essential services because of blocked IDs.

Blocking Dilemma

The DHA started blocking IDs in 2012 as part of a campaign to clean up the National Population Register. Initially, 29,000 IDs were flagged due to potential duplicates. However, the scale of the problem grew significantly, and by 2020, over a million IDs had markers placed against them, leading to their blocking.

While the department has since unblocked 1.8 million IDs, more than 700,000 IDs remain blocked, leaving many South Africans without access to vital services. Individuals impacted by these blockages have found themselves essentially stateless—unable to travel, access healthcare, attend school, or even open bank accounts.

Human Cost of Bureaucracy

The consequences of a blocked ID go far beyond simple inconvenience. People whose IDs have been blocked are essentially erased from the system, often referred to as “ghosts” within the administrative system. They are unable to function in society, which has had serious impacts on their quality of life. Even worse, children of parents with blocked IDs have been affected, as their parents cannot apply for their birth certificates or enroll them in schools.

One notable example is Phindile Mazibuko, an Eswatini citizen who has lived in South Africa since 1998. Her ID was blocked, and she faced losing her permanent residency status, making her unable to access the rights she had previously enjoyed for decades. Her case, backed by Lawyers for Human Rights (LHR) and Legal Wise South Africa, has brought this issue to national attention. These organizations argued that blocking IDs without due process left people in a state of limbo, robbing them of their citizenship rights and ability to function in society.

Court Ruling

In her ruling, Judge Elmarie van der Schyff pointed out that the DHA’s actions violated the principles of fair administrative process enshrined in the South African Constitution. Blocking IDs based on suspicion alone, without offering individuals the opportunity to challenge or address the accusations, was deemed unconstitutional.

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The DHA admitted that its previous processes for blocking IDs were flawed and acknowledged that it had acted without due administrative process. Judge Van der Schyff emphasized that while protecting the integrity of the national population register is essential, such actions must comply with just administrative procedures. Simply blocking IDs based on suspicion was not enough—it required a valid court order.

What Happens Next?

The court has ordered the DHA to reassess the status of the 700,000 blocked IDs within the next 90 days, with a particular focus on cases involving clients of LHR and Legal Wise. The DHA must also ensure that it complies with the Constitution going forward, developing and implementing fair procedures before blocking any IDs.

LHR has welcomed this ruling, calling it a victory for human rights and an important step toward ending statelessness in South Africa. Palesa Maloisane, LHR’s Legal Consultant for Statelessness, highlighted the urgent need for the DHA to unblock IDs, especially for children who are affected, so that these individuals can regain access to essential services like education and healthcare.

How to Check Your Status

If you think your ID may be among the 700,000 still blocked, it’s crucial to take action. Contact the DHA or reach out to organizations like Lawyers for Human Rights for assistance. This court ruling has opened the door to justice, but it’s important to check your status and ensure your rights are restored.

Road Ahead

The court’s decision signals a turning point in the ongoing struggle to restore dignity and citizenship rights to affected individuals. It serves as a reminder of the importance of just and transparent administrative processes, particularly when dealing with something as crucial as a person’s legal identity. The ruling also puts pressure on the DHA to follow through with its promise to unblock IDs and prevent further statelessness.

This ruling isn’t the end of the road, but rather the beginning of a new chapter for those whose lives have been put on hold due to the blocked ID issue. South Africa now awaits the DHA’s response and hopes for a future where every citizen has access to their full rights and services.

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