Under section 5 of PAJA, if no reply to a request for written
reasons is forthcoming in 90 days, it shall be presumed in judicial
review proceedings that the action was taken without good reason.
Litigation may be the only remedy to unblock your client's ID.107
Section 3 of the Promotion of Administrative Justice Act protects
the right to written reasons for a decision, notice of the right to
appeal, right to judicial review of administrative decisions and a
host of other measures that can be used in litigation regarding
blocked IDs. In particular, written reasons must be provided to the
client before Home Affairs blocks the ID in order for such an action
to be lawful and just. Given the nature of the right at stake, clients
should also be afforded the rights outlined in section 3(3) of PAJA:
an opportunity to obtain assistance and legal representation,
present and dispute information and arguments and appear in
person.
See also section 3.2.8 above, which summarises important
provisions of the Identification Act 66 of 1997 relating to seizure or
cancellation of ID books (sections 18 and 19 and its regulations).
107 In 2013 LHR obtained a court order in the North Gauteng High Court
compelling the Minister of Home Affairs to release the block on a client’s ID
and interdicting the Minister from blocking the ID pending the final outcome
of the investigation into his status.
62
Promoting citizenship and preventing statelessness in South Africa: A practitioner’s guide
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