Home Affairs Minister Aaron Motsoaledi said his department was implementing the court order that found its practice of “ID blocking” without following a fair procedure was unconstitutional and invalid.
In January, the court declared that the placing of markers by the Department of Home Affairs against identity numbers or identity documents resulting in the blocking of identity numbers in the absence of fair administrative process as unjust and irregular administrative action that is inconsistent with the Constitution and invalid.
The department was taken to court by Phindile Mazibuko and two Lawyers for Human Rights and LegalWise South Africa with the Children’s Institute as an amicus curiae.
DA MP Angel Khanyile wrote to Motsoaledi asking whether his department had put a timeline in place to comply with the judgment.
In his response, Motsoaledi said the court judgment granted his department a period of 12 months, from January 16, 2024, to March 1, 2025, to determine whether any identity number against which markers have been placed and which to date remain marked, correctly reflect the particulars of the person to whom the identity number was assigned.
He said the department was to also obtain court orders authorising the identity numbers of the affected persons to remain blocked prior to any investigation or inquiry having been finalised.
Motsoaledi said an internal audit and verification process determined the numbers at 697 000 out of the 700 000 blocked IDs.
“Of these 160 000 letters have been sent to clients in line with the principles of administrative justice as outlined in the Promotion of Administrative Justice Act, wherein clients have to be notified before the cancellation or deletion of the identity number of the client, and will be allowed to make representations to be considered by the department once all the relevant internal processes are concluded.
“The remaining 537 000 letters are being processed by the department and mainly include illegal immigrants and duplicates,” he said.
Cape Times