Proposed driver’s licence rule changes to affect South Africans and foreigners

In June, Home Affairs revealed that hundreds of thousands of vehicle permits given to foreign nationals were irregular. The department of Transport plans to amend the National Road Traffic Regulations to ensure driver’s and learner’s licences are not used as general identification documents. The new regulations will affect Traffic Register Number (TRN) certificates, Learner’s and Driving Licences. According to the department, the need to amend the regulations stems from a 2023 investigation by the department, assisted by the department of Home Affairs. It revealed widespread abuse of TRNs and other road traffic documents used as identity documents. “The TRN was created solely to enable persons without a South African identity number to transact on the National Traffic Information System (NaTIS) for road traffic purposes, whilst finalising their legal status with Home Affairs. It was never intended to serve as general identification,” said the transport department. The investigation found that some institutions accept TRNs and driving licences as general identification documents. This contradicts the Identification Act, 1997 (Act No. 68 of 1997), which makes Home Affairs the sole authority to maintain the National Population Register and issue identification documents. Abuse of TRNs In June, Home Affairs revealed that hundreds of thousands of vehicle permits given to foreign nationals were irregular. The department launched an investigation after discovering that a small office in the Northern Cape issued 973 TRNs over four months in 2019. The town where the implicated office is located has only 12 000 residents. However, the province’s largest office issued only 130 TRNs during the same period. Home Affairs found that foreign nationals applied for TRNs in the Northern Cape and, within an hour, applied for duplicates in Cape Town. Home Affairs’ investigations cross-referenced over a million TRNs issued by the Road Traffic Management Corporation between January 2000 and July 2023. All 1 072 258 TRNs were checked against Home Affairs’ visa adjudications system (VAS), national immigration identification system (NIIS), electronic movement control system (eMCS) and movement control system (MCS). Only 29 653 TRN recipients (2.7%) matched the NIIS, while 747 350 were unmatched against the VAS. “The amendments are therefore necessary to remove legal ambiguity, stop abuse and align road traffic legislation with the Identification Act,” said the transport department. Driver’s licences not IDs The transport department seeks to amend the regulation defining acceptable identification to remove TRNs, driver’s licences, and learner’s licences. This means anyone who is not a permanent resident of South Africa must use a valid passport from their country of origin and a relevant permit issued by Home Affairs legitimising their stay in the country In the case of a company, acceptable identification means a certificate of incorporation, registration certificate, memorandum of incorporation or name change issued in terms of the Companies Act, 2008 (Act No. 71 of 2008). In the case of a close corporation converted into a company, acceptable identification means the certificate of incorporation issued to the company in terms of Schedule 2 of the Companies Act, 2008. “The effect is that a TRN, Learner’s Licence and Driving Licence will no longer be regarded as identification documents.” The department further seeks to amend the regulation to tighten control over TRNs. TRNs will no longer be regarded as a form of acceptable identification. Further, if a holder of a TRN acquires any other acceptable identification, they must notify the registering authority within 21 days and surrender the TRN certificate. The department also wants to amend the Regulations to state that a TRN is valid only for the validity period of the passport and permit submitted to obtain it. Further, all natural persons who hold a TRN certificate which does not reflect a validity period must apply for a new certificate within three months after commencement of the Regulations. The proposed draft amendments to the Regulations will be published for public comment. Interested persons and affected institutions will be required to submit written comments within 30 days from the date of publication in the Government Gazette. Meanwhile, provinces have been instructed to centralise TRN issuance at provincial help desks to strengthen controls. Additional reporting by Jarryd Westerdale