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May 23, 2004
19 Prohibition on requirements to produce identity cards
(1) It shall be unlawful in cases not falling within subsection (2) for any person.
(a) to make it a condition of doing anything in relation to an individual that
the individual establishes his identity by the production of an ID card;
or
(b) otherwise to impose a requirement on an individual to produce such a
card.
(2) Each of the following is a case in which such a condition or requirement may
be imposed in relation to or on an individual.
(a) where the condition or requirement is imposed in accordance with
regulations under section 15, or in accordance with provision made by
or under any other enactment;
(b) where provision is made allowing the individual to satisfy the
condition or other requirement using reasonable alternative methods of
establishing his identity;
(c) where the individual is of a description of persons who, by virtue of
section 6, are required to be entered in the Register.
(3) The obligation of a person by virtue of this section not to impose a condition or
requirement in relation to or on an individual is a duty owed to that individual
and is enforceable by him in civil proceedings.
(a) for an injunction or interdict; or
(b) for any other appropriate remedy or relief.
Posted by wtwu at May 23, 2004 11:09 PM
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Comments
Section 19 must be made to apply to Passports and Driving Licences during the so called Voluntary Phase of the ID card scheme.
RECCOMENDATION:
Until Parliament has forced Compulsion into law, there should remain the option to obtain or renew a Passport or Driving Licence which is not part of the Biometric ID card scheme and Central Database
Posted by: wtwu at May 24, 2004 05:36 AM