In yet another legal victory for those whose ID documents were illegally blocked by Home Affairs, the Gauteng High Court, Pretoria, has once again ordered the department to unblock the IDs of 142 clients of Lawyers for Human Rights.
The court gave the ruling last is week and ordered that Home Affairs had 20 days in which to to do so.
The Lawyers for Human Rights said the ruling underscored the broader impact on thousands of individuals suffering under the flawed administrative system.
The judgment, handed down by Judge Elmarie van der Schyff, in the matter of Phindile Philile Mazibuko and others, follows months of the department’s non-compliance with a previous court order in the Mazibuko case, issued in January.
Since January, Home Affairs has failed to comply fully with the orders to investigate and unblock the IDs of hundreds of individuals, effectively stripping them of their constitutional rights and dignity, the Lawyers for Human Rights said.
Many have been left unable to access essential services, work or conduct basic transactions. The January judgment confirmed that the department’s actions were unconstitutional.
The latest ruling came after the Lawyers for Human Rights return to court because of the department’s non-compliance.
While the court did not find the department in contempt, it confirmed that Home Affairs had failed to unblock IDs by the deadline.
The court also addressed a crucial issue of inconsistency, as Home Affairs said it had unblocked some of the IDs in July this year. However, the LHR said the numbers kept changing, causing confusion and concern.
As a result, the court has demanded an affidavit from the department by September 27, explaining exactly which IDs had been unblocked and when that had been done.
In a parallel development, Home Affairs published a notice on August 16, threatening to cancel IDs unless affected individuals submitted written representations within 30 days.
While Judge Van der Schyff ruled that the notice did not apply to the Lawyers for Human Rights’ clients, the notice remained a looming threat for thousands of others who could lose their IDs without a fair administrative process.
The Lawyers for Human Rights said the case was not just about it’s clients; it was about the thousands of individuals whose rights were being violated by arbitrary and unconstitutional actions. The failure to unblock IDs impacted the most vulnerable members of our society, exacerbating poverty, inequality and exclusion, it said.
The Lawyers for Human Rights called on the department to urgently comply with the court’s order and to address the broader crisis by reviewing and reforming its administrative processes.
“The thousands of individuals facing the threat of having their IDs cancelled under the department’s recent directive must be afforded fairness and proper administrative processes. A just and transparent system is essential to ensure that no one’s rights are violated, and that every individual can access justice and their basic constitutional rights,” the organisation said.