Draft Regulations on Digital Identity Credentials Published for Comment

Posted 05 May 2026 Written by Acts Online
Category Home Affairs

Brought to you by SA Legal Academy: The Department of Home Affairs has invited public comment on draft regulations intended to formalise digital credentials as a recognised form of identification.

The draft regulations, which were gazetted on 5 May 2026, seek to clarify the legal status of digital credentials as an additional form of identity to be used in conjunction with existing Smart ID cards. The proposed framework aims to modernise the identification system by allowing citizens to store, access, and utilise secure digital versions of various Department of Home Affairs products directly on their smartphones.

The proposed regulatory framework includes provisions for the following digital documents:

  • Identity documents;
  • Birth certificates;
  • Marriage certificates; and
  • Other official Home Affairs products.

A significant feature of the draft regulations is the introduction of remote identity confirmation. This will enable users to verify their identity through biometric verification protocols without the requirement for physical document presentation. The Department has set a deadline of 6 June 2026 for the submission of public input and comments regarding these proposals.

What this means for you, your business, or your clients

  • For yourself: You will eventually be able to maintain a legally recognised digital wallet on your smartphone containing your ID and certificates, reducing the need to carry physical documents for verification purposes.
  • For your business: Compliance and risk officers must prepare to update internal Know Your Customer (KYC) and onboarding protocols to accommodate digital credentials and biometric verification as valid forms of identification.
  • For your clients: Clients in sectors requiring frequent identity verification, such as banking, insurance, and property, should be advised on the upcoming shift toward digital-first identification and the associated security requirements for biometric remote verification.

Originally published at https://legalacademy.co.za/news/read/digital-identity-draft-regulations-out-for-comment

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