ConCourt rules Citizenship Act invalid

The Constitutional Court has declared a provision in South Africa’s Citizenship Act unconstitutional and invalid, ruling that it unlawfully revokes citizenship when individuals acquire another nationality.

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 ConCourt 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

BusinessTech reports that automatically losing one’s citizenship can impact a range of fundamental rights, such as voting, residing in South Africa, running for public office, and pursuing a chosen career.

The Democratic Alliance (DA) contested the legislation, claiming that many South Africans had unknowingly been stripped of their citizenship without due notice or procedure.

However, the High Court initially rejected the DA’s challenge, reasoning that the state had legitimate grounds for the citizenship loss and did not constitute a denial of rights.

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.”