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South Africa Unveils Draft Regulations for Digital Identity System

Pretoria: Home Affairs Minister, Dr. Leon Schreiber, has announced the release of draft amended regulations in accordance with the Identification Act of 1997, inviting public commentary until June 6, 2026. The proposed regulations aim to establish a regulatory framework necessary for the introduction of an advanced Digital Identity system in South Africa. According to South African Government News Agency, the draft regulations suggest the development of secure Digital Identity credentials that will complement the current physical identity products offered by the Department of Home Affairs. This initiative will allow citizens to store and access digital versions of their identity documents, such as birth and marriage certificates, on their smartphones. Additionally, it will enable biometric verification for remote identity confirmation. The Digital Identity system is designed to be optional, ensuring that physical products like Smart ID cards remain available. The draft amendments aim to clarify the status o f Digital Identity credentials as a valid identity form under the Act without affecting the validity of physical identity cards. They also prescribe standards for enrolment, biometric capture, and identity assurance, and aim to facilitate interoperability with public and private sectors to deliver digital government services. Furthermore, the regulations propose stricter safeguards for sharing identity information, with access regulated under the Identification Act of 1997, the Promotion of Access to Information Act of 2000, and the Protection of Personal Information Act of 2013. They also focus on strengthening the population register as the authoritative record of identity and civic status information. Minister Schreiber emphasized that the proposed Digital Identity system aligns with the vision of leveraging digital transformation to deliver efficient services, combat identity theft, financial crimes, and improve privacy protections. The system is seen as a step towards digitalizing government services, with technical work already in progress in collaboration with various government partners, including The Presidency. Public, civil society organizations, industry, and other stakeholders are encouraged to review the draft regulations and submit comments by June 6, 2026. Submissions should be directed to the Chief Director: Legal Services at the Department of Home Affairs, with options to deliver by hand to their office at the 10th Floor, Hallmark Building, 230 Johannes Ramokhoase Street, Pretoria, 0001.