Impact Litigation Unit

Blocked Identity Documents Case Update

LegalWise South Africa returned to the Pretoria High Court on 13 September 2024, for the blocked identity documents matter against the Department of Home Affairs. The new judgment was handed down on 18 September 2024.

This case originates from an application we submitted on behalf of our Members, who have been grappling with the distressing issue of blocked identity documents with little to no assistance from the Department of Home Affairs. 

The matter was placed under case management to monitor compliance with the order and the department was given a year to rectify this issue.

On 18 September 2024, the Court made an order stating the following: “The Department did not fully comply with the original order which stated that the Department had 90 days to investigate the list of names provided by LegalWise South Africa and Lawyers for Human Rights (LHR), a list they received on 13 February 2024. In the case where a person posed a security risk, the Department would have had to seek out a court order for each individual to have their identity numbers to remain blocked, if they do not then the blocks must be lifted.”

The Department did not follow that process, which resulted in contempt of court proceedings launched by Lawyers for Human Rights (LHR) and the order dated 18 September 2024, directing that the Department provide the court with an affidavit on or before 27 September 2024, confirming the names and identity numbers of the Members of LegalWise South Africa and LHR, whose ID numbers were unblocked by 13 September 2024. The Department must unblock the ID numbers within 20 days of this new order, with retroactive effect.

The Director General of the Department of Home Affairs must file an affidavit within 30 days explaining in detail what measures were implemented to give effect to how they are dealing with children of citizens with blocked identity documents, namely that any blocks placed on minor children whose parents have blocks, must be removed with immediate effect and those children be issued with birth certificates.

Lastly, 60 days from the date of this order (18 September 2024) LegalWise South Africa, Lawyers for Human Rights and the Department of Home Affairs must file a joint report to show that the persons on the list provided on 13 February 2024, were unblocked.