Can I cancel my fraudulent South African ID now that I have a permit that allows me to live in the country?

The long answer

No, I’m afraid it’s not possible to cancel a false ID and still keep the permit that allows you to stay in South Africa. 

A 2021 article by Strategies Migration Services quotes Section 29(1)(f) of the Immigration Act, which says that any person who is found to have a fraudulent permit, visa, passport or ID, is a “prohibited person, not eligible for entry into, residence in and not allowed to apply for a visa. If that person presently holds a valid visa but becomes a prohibited person, that visa is withdrawn.” (My emphasis.)

The article goes on to say that section 49(14) makes committing any act of misrepresentation to gain residence in the country a criminal offence.

Lawful Living says that it is a criminal offence:

• to falsify any information for the purposes of the Act;

• to copy, forge, alter or damage any ID card;

• to permit that to be done;

• to insists that inaccurate information on an ID card is accurate;

• to own any ID card which has been forged, or altered, or otherwise tampered with

Chapter 6 of the National Identification Registration Bill which was published in the Government Gazette on 18 April 2023, and updates the provision of IDs etc, sets out the Offences and Punishment:

“26. 1: Any person who,

(a)  for the purposes of this Act, makes or causes to be made, any false statement 

(g) states or makes a representation that any incorrect particulars in an identity card, a certificate or a temporary identity certificate are correct;

(i) possesses any identity card or any part thereof, a certificate or temporary identity certificate which has been imitated, altered, defaced or mutilated or any particulars of which are incorrect,

is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding five years.

The law also requires a person to return an ID with false information to the Director-General of Home Affairs.”

The Immigration Act does offer a way for someone “to apply to the director general to have their status as a prohibited person lifted on good cause,” according to Strategies Migration Services' article. These issues will be handled on an individual basis by the Director General via the office of deportation coordination. 

So as all this is very serious, I think it would be wise to consult one of the following legal organisations that have had a lot of experience dealing with Home Affairs, before doing anything else. These are their contact details:

• Lawyers for Human Rights

Tel: Musina: 015 534 2203

Durban: 031 301 0531

Pretoria: 012 320 2943

Johannesburg: 011 339 1960

Cape Town: 021 424 8561

Email: [email protected]

• Legal Resources Centre

Tel: Johannesburg: 011 836 9831

Cape Town: 021 481 3000

Email: [email protected]

You could also contact the Black Sash, which gives free paralegal advice. These are their contact details:

• Black Sash

Tel (national office): 021 686 6952

Helpline: 072 66 33 73, 072 633 3739 or 063 610 1865

Email: [email protected] or [email protected]

Wishing you the best,
Athalie