March 2011, nearly 600 000 persons have been affected.103 The
department acknowledges that corruption has played a role.
Individuals typically learn that their ID has been duplicated when
they appear at local Home Affairs offices to register the birth of a
child, register a marriage, or to get a new ID or passport. Home
Affairs officials deny the requested service and inform the person
that his or her ID has been ‘blocked.’
Those persons who are unable to meet department requirements
to prove that they are the true citizen, and who do not hold a
second nationality, are effectively stateless because Home Affairs
does not recognise them as nationals. Given the high numbers of
foreigners who have obtained South African IDs by fraud or forgery,
or by bribing Home Affairs officials, suspicions are high across the
country as to whether the holder of a blocked ID is in fact South
African. This is especially the case for South Africans who have a
parent from another country or who have lived in other countries.
Home Affairs’ strict requirements to regain access to blocked ID
numbers and its haphazard implementation of ID investigations at
the local level rob citizens of their rights. Furthermore, some
persons simply cannot provide the proof the department requires.
Without legal assistance many of them are, quite practically
speaking, stateless in terms of the 1954 Convention – they are not
viewed as nationals by South Africa nor any other state. As a result,
they cannot obtain passports or enter or leave the country. LHR has
had clients whose bank accounts are frozen due to ID blockage.
Affected persons cannot buy or sell property, register their
children’s births or their marriages, vote, run for office and more.
Without a valid ID they cannot get jobs and often lose jobs,104 but
cannot access UIF (unemployment insurance funds) because a valid
ID number is required.
Home Affairs declared that all duplicate ID numbers will be
cancelled by December 2013 if the holder does not come forward.
This decision was taken in the run up to the release of the new
South African Smart ID, which is replacing identity books.105 It is
likely that as individuals come forward to swap out their ID books
for Smart IDs, more people will discover that their ID number has
been blocked. Approximately 22 000 South African duplicate IDs
103 See transcript copy: 'Briefing by Director-General Mkuseli Apleni regarding
progress of the National Population Registration campaign and new tariffs',
available at http://www.info.gov.za/speech/DynamicAction?pageid=461&
sid=17279&tid=30731 (accessed 26 March 2013).
104 One of LHR's blocked ID clients lost his job at Bleskop mine. He had to scan his
fingerprints when reporting for work and the mine discovered that his ID
number is blocked. Consequently, he was fired.
105 See SA News article, ‘New Smart ID to be introduced this year’ available at
http://www.sanews.gov.za/south-africa/new-smart-id-card-be-introduced-year
(accessed on 9 September 2013).
60
Promoting citizenship and preventing statelessness in South Africa: A practitioner’s guide
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