The Constitutional Court has struck down Section 6(1)(a) of the South African Citizenship Act, which automatically stripped South Africans of their citizenship upon acquiring a second nationality.

It also ordered the reinstatement of citizenship for all individuals affected by the section since its enactment in 1995.

The court confirmed the Supreme Court of Appeal’s declaration of constitutional invalidity, finding Section 6(1)(a) inconsistent with the Constitution. 

The provision required South Africans to apply for and obtain a “Retention of Citizenship” letter before acquiring foreign nationality or face automatic loss of citizenship.

The Democratic Alliance (DA), which brought the case to the Constitutional Court following the SCA’s decision, argued that the law served no legitimate public purpose and was irrational. 

The court unanimously agreed, with Justice Steven Majiedt handing down the ruling.

“It is further declared that those citizens who lost their citizenship by operation of Section 6(1)(a) are deemed not to have lost their citizenship.”

The DA welcomed the ruling, calling it a landmark victory after a decade-long legal battle. 

DA spokesperson Willie Aucamp said the decision was the culmination of efforts by the party and DA Abroad to restore the rights of South Africans who lost citizenship due to the provision.

“Today’s victory also means that all South Africans who inadvertently lost their citizenship have had it restored,” Aucamp said. 

“This is a testament to the mandate South African voters have given the DA to fight for their rights and to uphold the Constitution.”

He added that nearly 2 million South Africans living abroad were affected by the law, as well as many at home who acquired a second nationality without realising the consequences.

“So many citizens had the rug pulled out from under them when they suddenly discovered they had lost their citizenship without warning,” Aucamp said.

He criticised former Ministers of Home Affairs, particularly Aaron Motsoaledi, for resisting the party’s legal efforts. 

“Today’s ruling is a victory, and now begins the next crucial step: ensuring the Department of Home Affairs restores citizenship for all those stripped of it unconstitutionally.”

The DA said it will continue working to ensure these rights are fully realised.

simon.majadibodu@iol.co.za 

IOL 

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