Concourt declares Citizenship Act unconstitutional

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The Constitutional Court has ruled that a section of South Africa’s Citizenship Act, which strips citizens of their nationality if they take up another, is invalid and unconstitutional.

Automatic Loss of Citizenship Challenged

Section 6(1) of the Act said South Africans automatically lose their citizenship when they voluntarily become citizens of another country.

To avoid this, individuals had to apply to the Minister of Home Affairs for permission to retain their South African citizenship.

However, the Constitutional Court ruled that this provision clashes with Section 20 of the Constitution, which clearly states that “no citizen may be deprived of citizenship.”

Violation of Constitutional Rights

According to BusinessTech, losing citizenship automatically can also affect other rights. Including the right to vote, live in South Africa, run for office, and choose a profession.

The Democratic Alliance (DA) challenged the law, arguing that thousands of citizens had unknowingly lost their status without any warning or process.

The High Court first dismissed the case, stating that the government had a purpose for the loss of citizenship and that it did not amount to deprivation.

The DA appealed, and in 2023, the Supreme Court of Appeal ruled in the party’s favour.

The Department of Home Affairs accepted the ruling but insisted the government should still control how people gain or lose citizenship.

Constitutional Court Ruling

The Constitutional Court agreed with the Supreme Court. It found no valid reason for the automatic loss of citizenship, calling the law “utterly irrational.”

The court noted that the Act gave the Minister unlimited power without clear guidelines.

The court dismissed the claim that automatically losing citizenship is different from being stripped of it, calling the distinction meaningless.

Victory for South Africans Abroad

The DA hailed the ruling as a major victory for around 2 million South Africans living abroad. Many of whom may have lost their citizenship without knowing.

“Many people discovered they were no longer South African citizens without being told,” the party said. “This ruling also protects citizens inside the country who hold dual nationality.”