Case Summary
In South Africa, the Department of Home Affairs (DHA) introduced a practice known as “ID blocking” to detect and halt any suspicious identity number. The “ID blocking” aimed to prevent illegal migration and identity theft. In the case at stake, the Court examined the legality of “ID blocking”, which automatically results in ID being blocked without notifying the affected person.
In the judgment, the Court considered the lack of remedies and procedural safeguards a “prolonged and persistent failure to develop and implement a constitutionally compliant process” (§122 of the judgment). The applicant and all the individuals affected by the ID blocking were entitled to consideration by the DHA “in the spirit of fairness and ubuntu embedded in the Constitution” (§123 of the judgment).
Therefore, the Court held that ID blocking 1) in the absence of a fair administrative process and/or 2) before any final decision is taken relating to the affected individual’s status as a South African citizen or permanent resident, in the absence of any empowering legislation having been promulgated, constitutes unjust and irregular administrative action that is inconsistent with the Constitution and, therefore, invalid.
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