The Constitutional Court has confirmed that section 6(1)(a) of the South African Citizenship Act is unconstitutional, as it automatically stripped South Africans of their citizenship if they voluntarily acquired another nationality without prior ministerial approval.
In a powerful and unanimous judgment, the Court held that:
- The automatic loss of citizenship without notice, hearing, or justification is a deprivation of citizenship, prohibited by section 20 of the Constitution.
- The provision served no legitimate government purpose, was irrational, and violated fundamental rights, including political participation, mobility, and occupation.
- Importantly, the Court ruled that anyone who lost citizenship under this provision is now deemed never to have lost it.
- The judgment is retrospective to the date the Act came into force.
This is a landmark victory for constitutional rights, dual citizenship, and diaspora South Africans who unknowingly lost their citizenship. The ruling brings South Africa in line with international norms, where dual citizenship is widely accepted and protected.
A special thanks to the Democratic Alliance, who brought this matter all the way to the Constitutional Court and have now succeeded in restoring the rights of thousands. This follows their recent legal victory against the proposed VAT hike, affirming their ongoing commitment to holding government accountable and upholding both constitutional and economic justice.
With Dr Leon Schreiber been instrumental in driving this challenge forward while still an MP, we are optimistic about a new era of reform, transparency, and service delivery at the Department.
Next Steps for Affected Individuals:
While the Constitutional Court has confirmed that those who lost their citizenship under the now-invalid provision are deemed never to have lost it, the judgment does not explain how this status will be reinstated in practice.
There is currently no directive from the Department of Home Affairs on:
- How affected individuals can obtain updated proof of citizenship (e.g. passports or IDs);
- Whether their records will be corrected automatically;
- Or what timelines apply.
We anticipate that Home Affairs will need to issue urgent guidance and amend internal systems to comply with the judgment. Until then, affected individuals should prepare to engage with the Department directly.
We recommend reaching out to us if:
- You have lost your South African citizenship when you acquired your foreign nationality;
- You had your passport cancelled as a result; and
- You want to restore your status or rights as a South African citizen.
Contact us at info@dsdlaw.co.za or visit www.dsdlaw.co.za for advice tailored to your situation.