Proposed law change could stop driving licences being used as ID

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The proposed changes follow a 2023 investigation conducted with the department of home affairs, which uncovered widespread misuse of TRNs and other road traffic documents as identification.

The department said TRNs were created to allow people without South African identity numbers to transact on the National Traffic Information System (NaTIS) for road traffic purposes while finalising their legal status with home affairs. They were never intended to serve as general identification.

The department said some institutions were accepting TRNs and driving licences as general identification, contrary to the Identification Act, which gives home affairs responsibility for maintaining the National Population Register and issuing identification documents.

The proposed amendments aim to clarify the law, prevent abuse and align road traffic regulations with the act.

The changes would amend the definition of acceptable identification in Regulation 1 to exclude TRNs and all other documents issued under road traffic legislation.

For non-permanent residents, acceptable identification would be an unexpired passport accompanied by the relevant home affairs permit. Companies would have to provide the relevant registration or incorporation documents.

The amendments would also tighten controls over TRNs under Regulation 335. Holders who obtain another acceptable form of identification would have to notify their registering authority within 21 days and surrender their TRN certificate.

A TRN would be valid only for the period covered by the passport and permit submitted when it was issued. Existing TRN holders whose certificates do not specify a validity period would have three months from the regulations taking effect to apply for new certificates.

The proposed amendments will be published in the Government Gazette for public comment. Interested parties and affected institutions will have 30 days from publication to submit written representations before the final regulations are issued.

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