Writing blog posts requires both captivating the reader’s attention and providing relevant and interesting information. In this article, we are going to discuss a current topic which concerns the blocking of parents’ identity documents by the Department of Home Affairs in South Africa.
Recent judgment handed down by the Pretoria High Court indicates that the Department of Home Affairs cannot block the birth registration or identity documents of children whose parents’ documents are under investigation without following proper procedure. This landmark decision was made following a case brought to court by Phindile Mazibuko, Lawyers for Human Rights and LegalWise, and was supported by the Children’s Institute.
In her ruling, Judge Elmarie van der Schyff said the director-general of home affairs had a responsibility to protect the integrity of the national population register by “placing a marker” on suspect identity documents. However, blocking a person’s identity without following a fair administrative procedure constitutes “abuse”. The court therefore declared that the practice of blocking identity documents was “unjust, invalid and incompatible” with the Constitution.
The court ordered the Department of Internal Affairs to stop blocking the identity documents of adults and children without following a fair procedure in accordance with the Law on Promotion of Administrative Justice. This means that the department must notify individuals whose identity documents are problematic in writing, give them a reasonable amount of time to present their side of the story, conduct an appropriate investigation, and provide them with written reasons why their identity will be blocked. The department must then obtain a court order before blocking an identity document.
The court also ordered the department to immediately lift holds on all identity documents of minor children whose parents’ statuses are under investigation but not yet finalized and revoked. The department must also stop preventing the birth registration of children whose parents are under identity investigation.
The court also clarified that even if the identity of a parent is under investigation, the department must still register the birth of the child as a citizen, permanent resident or refugee, depending on the status of the parents on the national population register, and can no longer refuse birth registration.
This decision is a victory for children’s rights, as blocking parents’ identity documents has detrimental consequences on their rights to birth registration, identity and nationality. Children without birth certificates are at significant risk of exclusion from access to social benefits and education. Adolescents without identity documents are excluded from the baccalaureate exam, access to higher education and scholarships.
The court’s decision is an important step in ensuring that children’s rights are protected and that their access to social services and education is not hindered by problems with their parents’ identity documents. It also highlights the importance of a fair and equitable administrative procedure when it comes to blocking or restricting access to identity documents.
The court’s decision also has a positive impact on children aged 16 to 18 who already have their own identity document, but are blocked and cannot use it due to the blocking of their identity documents. parents. These children will now be able to benefit from their identity document and access the social services and education to which they are entitled.
In conclusion, the recent judgment of the Pretoria High Court puts an end to the unconstitutional practice of blocking identity documents by the Department of Home Affairs in South Africa. This decision marks a victory for children’s rights and ensures a fair and equitable process when it comes to blocking or restricting access to identity documents.