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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