The Gauteng High Court handed down a landmark judgement on Tuesday, 16 January, declaring the Department of Home Affairs’ practice of blocking IDs unjust and inconsistent with the South African constitution.

The Department of Home Affairs is no longer allowed to block South African IDs arbitrarily, cutting citizens and residents off from essential services, following a landmark judgment from the Gauteng high court. Lawyers for Human Rights has welcome the ruling.
In a landmark judgment that has been years in the making, the Gauteng high court in Pretoria has declared that the Department of Home Affairs’ (DHA) practice of blocking South African IDs is an unjust and irregular administrative action that is inconsistent with the South African Constitution.

This comes after Minister Aaron Motsoaledi and Directer-General Livhuwani Makhode were taken to task by affected permanent resident and Civil Society organisations Lawyers For Human Rights, Legal Wise South Africa and the Children’s Institute, after the department went on a widespread campaign to block IDs it deemed suspicious and fraudulent.
The application was initially brought forward by Eswatini citizen Phindile Mazibuko, who has lived in South Africa since 1998 but had her ID blocked by Home Affairs and was under threat of having her permanent residency revoked. Lawyers for Human Rights (LHR) and Legal Wise South Africa applied to be joined as an applicant in the matter as a matter of public interest and to have their client’s IDs unblocked, while the Children’s Institute was admitted as a friend of the court.
The applicants argued that the practice of blocking IDs was unconstitutional because it left the affected parties in a state of statelessness. Perhaps perfectly summed up in LHR’s founding affidavit, the organisation argued that the blocking of IDs effectively prevents those affected from engaging with the world.
The civil society organisation argued, “They become ghosts in the system �` they cannot obtain passports and travel, they cannot access education and healthcare, they cannot open or access bank accounts.”
The consequences of the practice extend far beyond the affected adults, hindering the quality of life of children whose parents had their IDs blocked.
DHA ID blocking campaign
The issue dates back to May 2012 when DHA went on a drive to address the issue of duplicate IDs on the National Population Register. What started out as 29,000 identity documents having markers placed against them quickly escalated to over 1 million by 2020.
At the time when the application was heard, DHA had unblocked 1.8 million IDs. However, over 700,000 remained blocked.
The department framed the practice as an administrative tool that was necessary to maintain the accuracy and integrity of the National Population Register and combat suspected fraud and manipulation.
However, Lawyers for Human Rights condemned the practice, claiming that ID blocking had become increasingly arbitrary, with criteria that seemed subjective and discriminatory. DHA’s reasons for blocking identity documents included the shape of inoculation marks, records of frequent cross-border travel, alleged deportation records, inability to speak a specific local language, bearing a foreign-sounding name

or having a parent or spouse of foreign decent.
Another point of contention was that the DHA did not follow fair administrative processes before blocking IDs. Many of the IDs had markers placed against them which resulted in the documents being blocked without prior notice to the affected individuals �` depriving them of the opportunity to plead their case and provide information before being blocked by the DHA.
Blocking IDs declared unconstitutional
In passing down the judgement, High Court Judge Elmarie van der Schyff said that the Director General had a responsibility to protect the integrity of the national population register by “placing a marker” against any suspicious ID. However, Judge van der Schyff added that doing so without following just administrative procedure was mischief.
Judge Van der Schyff said that a mere suspicion that an ID document was fraudulent did not justify placing a marker on it and blocking an ID unless it is authorised through a court order, adding that the DHA jumped the gun.
In an answering affidavit, the DHA conceded that the IDs were blocked without a fair and just administrative process, admitting that it was inconsistent with the Constitution. It informed the court that it had developed a procedurally fair and transparent system that has since been implemented. However, the system still entails the placing of markers or blocking of IDs.
DHA has been ordered to determine whether unblocking the ID documents currently blocked will constitute a security risk and determine the status of Lawyers for Human Rights and Legal Wise clients within 90 days. The declaration has been suspended for 12 months, giving the DHA time to comply with the order.
‘A first step’ �` says Lawyers for Human Rights
Touching on the Constitutional Court’s emphases that the systematic act of stripping millions of black South Africans of their citizenship was one of the most pernicious policies of the apartheid regime, which left many as foreigners in the land of [their] birth, Lawyers for Human Rights welcomed the ruling.
Speaking to Daily Maverick, LHR’s Legal Consultant for Statelessness, Palesa Maloisane, said: “LHR is happy that the court has agreed to order the DHA to ensure a just and fair process that is in line with the Constitution and the Promotion of Administrative Justice Act, particularly because ID blocking can result in statelessness as it effectively strips affected individuals of their citizenship and dignity.”
Maloisane added that the organisation hoped that the judgment would be seriously considered by the department and inform the swift resolution to LHR’s client’s cases, particularly when children are involved.
“The case is a great success and first step in enabling all those affected to begin getting their lives and dignity as citizens back. Many clients have waited patiently for a resolution and will hopefully have the opportunity to access services that are crucial to citizenship and part of their daily lives,” Maloisane said. V.5169

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- Key Insight: Is your profession on the Critical Skills List? This visa is your fast track to working in South Afr...
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One of the applicants, Phindile Mazibuko, became a victim of identity theft in 2012 when fraudulent transactions occurred, using her personal details.

-The Pretoria High Court found that the department of home affairs had violated constitutional rights without due process.
-Only half of Lawyers for Human Rights` test group has been unblocked, while 385 000 identities remain blocked nationwide.
-LHR appeals extension, urges affected people to seek help now.

Lawyers for Human Rights (LHR) are intensifying pressure on the department of home affairs over the national ID-blocking crisis, accusing the state of acting too slowly to unblock qualifying individuals despite a landmark court ruling.

In January last year, the Pretoria High Court found that the department`s practice of blocking IDs without due process was unlawful and unconstitutional. One of the applicants, Phindile Mazibuko, a Swati citizen and South African permanent resident since 1998, fell victim to identity theft in 2012 when fraudsters used her personal details.

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The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.

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The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.

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A Washington state mother and her 6-year-old son have been released after spending more than three weeks in US immigration detention due to a brief trip to Canada and a small paperwork mistake, her attorney told CNN on Saturday.

Sarah Shaw, a New Zealand citizen who has lived legally in the US since she arrived in 2021, was detained at the Blaine, Washington, Customs and Border Protection checkpoint when returning home after dropping her two oldest children off at the Vancouver airport for a flight to visit their grandparents in New Zealand. Shaw, 33, chose the flight out of Vancouver because it was direct and she didn`t want her children to have to navigate a layover alone, her attorney Minda Thorward, told CNN.

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On 22 July 2025, the Gauteng High Court dismissed Sitrusrand Boerdery`s review of the Department of Employment and Labour`s refusal to issue a Working Conditions and Salary Benchmarking Certificate, an essential precondition for obtaining corporate visas under the Immigration Act.

Acting Judge Kekana AJ held that the Department`s decision was lawful, rational and procedurally fair. This judgment illustrates how businesses can - and must - structure their corporate visa applications to meet statutory requirements, and how legal practitioners should prepare robust review challenges when administrative authorities decline to recommend foreign-work permits.

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The United States could forfeit an estimated 9.4 billion dollars in visitor spending over the next three years following the introduction of a new 250 dollars `visa integrity fee,` according to industry groups, who warn the policy risks undermining tourism and costing thousands of jobs.
The United States’ decision to introduce a 250 dollars `visa integrity fee` on international visitors has triggered sharp criticism from the global tourism industry, with officials warning that the measure could deter millions of travellers and cost the U.S. economy billions.
The 250dollar `visa integrity fee,` part of the One Big Beautiful Bill Act signed on July 4, 2025, will take effect later this year. According to immigration law firm Envoy Global, it applies to all nonimmigrant visa holders which include students, tourists, temporary workers, and business visitors particularly from African countries. V.6132
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The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.

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1. Right to Legal Representation•You have the right to consult with a legal representative.•Contact an immigration practitioner, legal aid clinic, or attorney urgently.•Do not sign any documents without understanding them fully. 2. Section 34 of the Immigration Act•You must be brought to court with 48 hours to confirm arrest but you can remain locked up very long as courts figure out what to do with you •If you`re found to be illegally in South Africa, you may be detained for up to 30 days (extendable by a magistrate) pending deportation.•BUT this cannot happen arbitrarily. You must be informed of your rights, and Home Affairs must follow due process.- becomes a nightmare , you could lose your job , business , place to stay V.6121
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Driving for Bolt, Uber, Mr D, or Checkers Sixty60?If you`re undocumented, you`re risking more than just your income.The Risks if You`re Not Legal: - Vehicle impoundment - Heavy fines - Arrest & deportation - Permanent bans from working in SA V.6122
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