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

The South African Department of Transport plans to revise the National Road Traffic Regulations to restrict the use of driver’s and learner’s licences as general identification documents. This change aims to curb widespread abuse of Traffic Register Number (TRN) certificates, learner’s and driving licences, as per a 2023 investigation conducted by the department in collaboration with Home Affairs.

The investigation unveiled that TRNs were being misused as a means of identification, which contradicts the Identification Act of 1997, which solely empowers Home Affairs to maintain the National Population Register and issue identification documents.

TRNs were initially designed to facilitate transactions for individuals without a South African identity number on the National Traffic Information System (NaTIS) while finalizing their legal status with Home Affairs. However, the investigation revealed instances where some institutions accepted TRNs and driving licences as general identification documents, violating the Identification Act.

In June, Home Affairs disclosed irregularities involving hundreds of thousands of vehicle permits issued to foreign nationals in the Northern Cape. A small office in the region issued 973 TRNs within four months in 2019, while the province's largest office issued only 130 TRNs during the same period. Further probing revealed that foreign nationals applied for TRNs in the Northern Cape and swiftly sought duplicates in Cape Town.

To address these issues, the transport department intends to amend the regulations defining acceptable identification to exclude TRNs, driver’s licences, and learner’s licences. Consequently, non-permanent residents must use a valid passport from their country of origin and a relevant permit issued by Home Affairs to legitimise their stay in the country.

Companies and close corporations converted into companies will need to provide specific documents as acceptable identification, such as a certificate of incorporation or a registration certificate.

The transport department also seeks to tighten control over TRNs by no longer considering them as acceptable identification. If a TRN holder acquires another form of acceptable identification, they must notify the registering authority within 21 days and surrender their TRN certificate. Additionally, the department wants to stipulate that a TRN remains valid only for the validity period of the submitted passport and permit.

Lastly, all natural persons holding TRN certificates without a valid validity period must apply for a new certificate within three months following the commencement of the regulations.

The proposed draft amendments will be published for public comment, and interested parties and affected institutions will have 30 days from the date of publication in the Government Gazette to submit written comments. In the meantime, provinces have been directed to centralise TRN issuance at provincial help desks to enhance controls.