Open Letter: Statement of concern regarding the proposed Digital ID system

Dr Ernst Roets Executive Director: Lex Libertas info@lexlibertas.org.za 2 Julie 2026

TO WHOM IT MAY CONCERN

Statement of concern regarding the proposed Digital ID system

The think tank and advocacy group, Lex Libertas has launched a public campaign opposing the Department of Home Affairs’ proposed Digital ID system. This is because we believe this proposal could have far-reaching implications for privacy, personal freedom, property rights and the future of constitutional governance in South Africa.

Our concerns are substantial and multi-layered:

1. Creation of Surveillance Infrastructure: The draft regulations require that every verification made with the Digital ID be centrally logged and retained for a minimum of seven years. This will create a comprehensive, long-term digital trail of citizens’ movements, interactions with government and private entities, and daily activities. That would go far beyond identity verification and lays the foundation for mass surveillance.

2. Risk of de facto compulsion: The Department insists that the system will remain voluntary, but international experience shows that such systems usually become compulsory in practice. Once banks, employers, medical aids, and government departments begin requiring the digital version, the physical Smart ID card becomes second-class. Citizens who refuse will effectively be penalised and disadvantaged.

3. The Department of Home Affairs’ poor track record: The department responsible for implementing this system has a notorious history of chronic system failures, massive delays, corruption scandals, and failed IT modernisation projects. It would be highly irresponsible to entrust such a department with a powerful, centralised biometric system.

4. Low-trust society and institutional weakness: South Africa is a low-trust society with weak public confidence in government institutions. Handing this level of power and visibility over citizens’ lives to the state in our current context is particularly dangerous.

5. Excessive concentration of power: The regulations would grant broad discretionary powers to the Director-General with dangerously weak independent oversight. This concentration of authority creates serious risks of abuse and arbitrary decision-making.

6. Ideological and political risk: The current government has repeatedly expressed admiration for highly centralised authoritarian regimes. In this ideological climate, building the technical architecture for mass surveillance and control is reckless.

We believe the proposal should be withdrawn in its current form. South Africa does not need another centralised system that expands state power at the expense of individual liberty and constitutional protections.

We encourage those who support this position to reach out and support this cause.

Yours sincerely,

Dr Ernst Roets

Executive Director Lex Libertas