The blocking of identity documents (ID) and resultant barriers to accessing South African citizenship 35. LHR assists a growing amount of South African clients with blocked identities. A blocked identity means that a person’s legal status, and connected identity number, is blocked on the Home Affairs system leading them not being able to access their bank accounts, to vote, travel etc. Clients report that they only realise that their identities are blocked when applying for a new identity document or travel document or attempting to access their bank accounts. Upon approaching the Department of Home Affairs to resolve the problem they are simply told that there is a ‘hit’ on their identity number and that they are ‘illegal immigrants’, but local officials are often unable to inform the affected person as to the steps necessary to unblock their identity. They are referred to the head office, but this office does not receive direct communication from the public. Even with the assistance of a lawyer, the head office often takes more than 6 months to unblock identities or never finalise investigations at all. LHR client, Gumani, was assisted by LHR in an application to the High Court to unblock his identity. The South African Constitution requires that all administrative action be procedurally fair, lawful and reasonable. This right includes amongst others the rights to reasons, to the opportunity to make representations and to be informed of the intention to take the decision before it is made, all of which are infringed by this unlawful practice. 36. Another problem is that duplicate or multiple identity numbers have been issued to certain people. This is a phenomenon whereby one person has more than one ID number assigned to them or more than one person share the same ID number. Duplicate ID numbers are largely a result of administrative mistakes, corruption and fraud, as acknowledged by the Department of Home Affairs. According to the Department, nearly 700 000 people have been affected.25 All these identities were automatically blocked and affected persons were required to bring the following documents to confirm their South African citizenship: “A handwritten birth certificate, baptismal certificate, primary school letter, clinic card (immunisation card), birth record from the hospital, parents identity documents, death certificate and letter from the chief”. This was impossible for persons whose parents have passed away or who have lost their original first birth certificate, leaving many stateless.26 37. Furthermore, local offices exercise discretion concerning the number and types of evidence accepted as proof of one’s claim. Some people are turned away repeatedly and asked for more proof despite providing all required documents, while others are told they cannot be helped unless they produce a specific document that they cannot access. 38. Another group affected by ID blocking is naturalised citizens. South Africa has recently switched to an electronic database for fingerprints. The system is able to compare all fingerprints in the system and to detect whether a person’s fingerprints match passports issued by different countries. Once the system matches the fingerprints of a South African citizen to a foreign passport which has been used to cross a South African border, it automatically blocks the identity number. This is problematic in that it automatically blocks the identities of naturalised citizens. Their numbers are blocked and they struggle for extended periods of time to prove their nationality. LHR client, George, struggled for 5 years to reach Home Affairs and resolve his blocked ID. After LHR intervened, his identity was finally unlocked and he was able to obtain a passport to travel to Malawi where his daughter was buried. 25 26 Progress report by Home Affairs August 2012 (https://pmg.org.za/committee-meeting/14682/ ) http://www.lhr.org.za/blog/2013/9/id-blocking-growing-threat-nationality