Minister Leon Schreiber invites public comment on draft Digital Identity regulations

The Minister of Home Affairs, Dr Leon Schreiber, has gazetted draft amended regulations in terms of the Identification Act of 1997 for public comment until 6 June 2026. The draft regulations are designed to create the required regulatory framework for the introduction of a cutting-edge Digital Identity system in South Africa.

The draft regulations propose the creation of secure Digital Identity credentials that will co-exist alongside the Department’s physical products. This will enable citizens to store, access and utilise secure digital versions of their identity document, birth certificate, marriage certificate and other Home Affairs products directly on their smartphone, and introduce the ability for users to remotely confirm their identity using biometric verification. Use of the Digital Identity system will be optional, and physical products like Smart ID cards will continue to exist in parallel to this new digital system.

The draft amendments are intended to:

• Clarify the status of Digital Identity credentials as an additional form of valid identity under the Act, without affecting the continued validity of physical identity cards;
• Prescribe standards for enrolment, biometric capture and identity assurance for Digital Identity credentials;
• Lay the foundation for interoperability with both the public and private sectors, including to enable the delivery of government services in digital format;
• Tighten safeguards for how identity information may be shared with accredited institutions, with access strictly 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; and
• Strengthen the population register as the single authoritative record of identity and civic status information.

Minister Schreiber said: “The draft regulations propose the creation of a world-class Digital Identity system as the ultimate expression of our vision to leverage digital transformation to deliver Home Affairs @ home. This system can greatly enhance our ability to combat identity theft, financial crimes, corruption and illegal immigration, while delivering efficient services to citizens in the comfort of their own homes and improving privacy protections and data management.”

Minister Schreiber added: “We are already working closely with a number of partners in government, including the Presidency, to ensure that the foundational system we are building supports the Digital Transformation Roadmap’s goal of digitalising government services. Technical work is well underway, and the finalisation of these regulations will enable us to complete our digital service delivery revolution by bringing services right onto your smart device.”

Members of the public, civil society organisations, industry and other stakeholders are invited to review the draft regulations and submit written comments by 6 June 2026, before the regulations are finalised for promulgation. The gazette is available here.

Submissions should be addressed to the Chief Director: Legal Services and be forwarded to the Department in any of the following ways:

• By hand to the Department at 10th Floor, Hallmark Building, 230 Johannes Ramokhoase Street, Pretoria, 0001;
• By post to the Department at Private Bag X114, Pretoria, 0001; or
• By e-mail to Moses.Malakate@dha.gov.za 

Media enquiries:
Carli van Wyk – Spokesperson to the Minister
Cell: 079 166 3899

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