The Constitutional Court ruled today in favour of an application by the DA to secure the citizenship of South Africans with dual nationality.
This is the culmination of a 10-year legal battle by the DA and our ancillary organisation, DA Abroad, to restore the citizenship of South Africans who lost their citizenship after obtaining a second nationality without receiving a “Retention of Citizenship” letter beforehand.
Today’s victory also means that all South Africans who inadvertently lost their citizenship have the right to get it restored. This victory is a testament to the mandate South African voters have given the DA to fight for their rights, to protect them from government abuse of power, and to uphold the Constitution.
The DA’s legal challenge to the constitutionality of Section 6(1)(a) of the South African Citizenship Act 88 of 1995, was based on the requirement in Section 6 that South African citizens had to apply for and obtain a ‘Retention of Citizenship’ letter from the Minister of Home Affairs before acquiring a second nationality, or else lose their citizenship automatically. That section has now been declared unconstitutional.
For nearly 2 million South Africans living abroad, this victory is monumental. It is equally important for those living in South Africa who have acquired a second nationality.
So many South African citizens had the rug pulled out from under them when they suddenly discovered they had lost their citizenship, without warning.
Throughout this legal battle, we were resisted, opposed and obstructed at every turn by the previous Ministers of Home Affairs at every level, including most notably former Minister Aaron Motsoaledi.
Today’s ruling is a victory, and now begins the next crucial step: ensuring the restoration, through the Department of Home Affairs, of South African citizenship for all those who were stripped of their citizenship unconstitutionally.
The DA will continue working to ensure that these rights are fully realisable.